March was another slow month, but brought a couple of cases potentially relevant to our practice with respect to a delayed search of a cell phone, the use of suggestive lineups, the constitutionality of laws governing short-barreled rifles, and an argument that the Sixth Amendment applies to criminal restitution orders:
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Winnebago County v. J.D.M., 2024AP1601, 4/16/25, District II (1-judge decision, ineligible for publication); case activity
COA affirms the circuit court’s orders recommitting J.D.M. (referred to as “Josh”) for twelve months and authorizing involuntarily administering medication. A jury found Josh mentally ill, a proper subject for treatment, and dangerous to himself or others. Josh argues on appeal that the county did not present sufficient evidence at trial to prove that he was dangerous under § 51.20(1)(a)2.c., d., or e, and the court made insufficient findings to enter the involuntary medication order.
Oconomowoc School District v. Cota., 2025 WI 11, 4/10/25
In a case tangentially related to defense practice, SCOW clarifies that a Wisconsin statute prohibiting employment discrimination based on arrest records applies to non-criminal offenses, such as an allegation of theft prosecuted in municipal court.
As usual, we bring you coverage of COA’s orders regarding publication.
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David Asa Villarreal v. Texas, USSC No. 24-557, certiorari granted 4/7/25
SCOTUS added to its 2025-26 docket this week when it granted the petitioner’s cert. petition to address the following:
Whether a trial court abridges the defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s testimony during an overnight recess.
State v. Natalie S. Lozano, 2024AP1540-CR & 2024AP1541-CR, 4/9/25, District II (1-judge decision, ineligible for publication); case activity
In yet another appeal hinging on the requirement that a license plate be “legible,” COA affirms based on its deference to the circuit court’s factual findings.
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State v. Danny Thomas McClain, Jr., 2024AP8, 4/8/25 District I (one-judge decision; ineligible for publication); case activity (including briefs)
COA affirms the circuit court’s order denying suppression of the evidence (field sobriety tests and preliminary breathalyzer tests), finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for additional criminal activity.
Monroe County v. G.L.B., 2024AP1596, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity
Monroe County v. T.B., 2024AP1845, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity
The COA issued two decisions affirming the circuit court’s dispositional orders finding that T.B.’s (the mother) and G.L.B.’s (the father) son was in need of protection and services (CHIPS) and placing the child in out-of-home care. The COA rejected the parents’ arguments that the circuit court erroneously denied their petition to transfer jurisdiction to Ho-Chunk Tribal Court and that the court erred in granting medical decision-making authority to the Monroe County Department of Human Services (the Department). The COA also disagreed with the father’s argument that the circuit court erroneously admitted at trial evidence regarding risk assessments of his parenting skills. [continue reading…]
