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State v. Amy Joan Zahurones, 2018AP1845, 9/10/1019, District 3 (recommended for publication); case activity (including briefs) Zahurones was charged with several drug-related counts along with resisting an officer and physical abuse of a child. All the counts arose out of a single encounter with the police. She ultimately pleaded to four counts. On three of… Read More

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Waukesha County v. J.K., 2018AP616-NM, 9/3/19 (unpublished order); case activity The court of appeals can be pretty aggressive about dismissing Chapter 51 appeals for mootness. This time SCOW slapped its hand.  J.K.’s lawyer filed a no-merit notice of appeal. Before appointed counsel could file a no-merit report, and before J.K. could respond to any such… Read More

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State v. Ulanda M. Green, 2018AP1350-CR, petition for review granted 9/3/19; case activity (including briefs) Issues: Whether law enforcement’s “dialogue” with Green amounted to an “interrogation” that should have been preceded by a Miranda warning? Whether Green invoked her right to remain silent when law enforcement asked her if she would like to make a… Read More

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Waukesha County v. J.J.H., 2018AP168, petition for review granted 9/3/19, case activity Issues:  Whether the mootness doctrine should apply to an appeal from a commitment order? Whether the circuit court violated due process when it held a Chapter 51 probable cause hearing and ordered a 30-day commitment/temporary guardianship/protective placement under §51.67 without providing J.J.H., who is… Read More

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August 2019 publication list

On August 28, 2019, the court of appeals ordered the publication of the following criminal law related cases: State v. David Gutierrez, 2019 WI App 41 (circuit court erred in excluding evidence that DNA of other men was found on a victim’s clothing and buccal swab) State v. Medford B. Matthews, III, 2019 WI App… Read More

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Only the state’s evidence is admissible

State v. Daniel A. Griffin, 2018AP649, 8/21/19, District 2 (recommended for publication); case activity (including briefs) Someone killed a young child in Griffin’s home. Both Griffin and the child’s mother were present at the time. What evidence was the jury allowed to hear about who committed the crime? If you guessed “any remotely relevant evidence… Read More

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State v. Patrick D. Zolliecoffer, 2018AP1639-CR, 8/20/19, District 1 (not recommended for publication); case activity (including briefs) Zolliecoffer challenged two of the State’s peremptory strikes as racially based. On appeal, the State conceded that the circuit court failed to apply the 3-step procedure for analyzing Batson claims, which On Point recently explained here.  Zolliecoffer urged… Read More

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Winnebago County v. C.S., 2016AP1982, petition for review of a published court of appeals opinion granted 8/15/19; case activity Issue: Does Wis. Stat. §51.61(1)(g) violate substantive due process because it does not require a finding of dangerousness to involuntarily medicate a prisoner? This is an important case.  According to SCOTUS, the government may not administer… Read More

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