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SCOW affirms circuit court’s authority to reinstate previously dismissed conviction under 346.63(1)
State v. Carl L. McAdory, 2025 WI 30, 7/1/25, case activity A unanimous SCOW held that the circuit court had authority under Wis. Stat. 346.63(1)(c) to reinstate Carl McAdory’s conviction for operating a vehicle with a restricted controlled substance in his blood, which was dismissed when he was also convicted of operating a motor vehicle […]
- 2024-2025 Term
- 1. Constitutional issues
- A. Competence of trial court
- 1. Principles of
- 1. Appeals
- a. Circuit court competency
- B. Chs. 343-346: Traffic offense
- B. Construction
- B. Opinions
- 2. Issue selection
- C. Briefs/Appendices
- 4. Specific issues
- D. Waiver of issues/arguments
- e. Plain text
- 8. Need for cross-appeal
- 9. Crimes
- 12. Double Jeopardy, 5th Am.
- 24. Jurisdiction, etc
- 39. Statutes
- 45. WI Supreme Court
- Uncategorized
July 3, 2025
SCOW holds that statute criminalizing abortion cannot be enforced under doctrine of implied repeal
Josh Kaul, et al., v. Joel Urmanski, et al., 2025 WI 32, 7/2/25, on bypass from COA; case activity In a long-awaited decision, SCOW holds that a criminal statute forbidding abortion cannot be enforced under the doctrine of implied repeal.
COA holds that a Ch. 54 guardian does not violate statute prohibiting “isolation” from family members when restricting contact is in ward’s best interest
Kelly R. Rose v. C.R.R., 2024AP1450, 7/2/25, District II (recommended for publication); case activity In an interesting statutory construction appeal, COA holds that “a guardian’s determination that denying contact with a family member is in the ward’s best interest is not cause for court action against a guardian.”
Defense Win: COA grants new trial in multiplicity challenge to Len Bias case
State v. Samuel R. Osornio, 2024AP2368-CR, 6/26/25, District 4, (recommended for publication); case activity (including briefs) Osornio argues that he is entitled to a new trial because the state charged him with both reckless homicide by delivery of heroin, based on allegations that he delivered heroin to A.B. and A.B. fatally overdosed on this heroin, […]
- Published 2025
- A. Multiplicity
- B. Published opinions
- 3. Particular crimes
- f. Drug offenses
- 11. Defense Wins
- 12. Double Jeopardy, 5th Am.
- k. Reckless homicide
- 46. WI Court of Appeals
July 2, 2025
Seventh Circuit rejects habeas appeal focusing on “search for the truth” jury instruction
Michael Williams v. Michael Meisner, No. 23-3268, 6/16/25 In a case that likely signals the end of a long legal battle over a Wisconsin jury instruction telling jurors to “search for the truth,” the Seventh Circuit holds that the petitioner is not entitled to habeas relief.
SCOW: Four justices signal willingness to revisit precedent governing statutory interpretation
Service Employees International Union Healthcare Wisconsin v. Wisconsin Employment Relations Commission, 2025 WI 29, 6/27/25, on bypass from the court of appeals; case activity In a unanimous non-criminal appeal, four justices issue a concurrence signaling their willingness to revisit Wisconsin’s method of statutory construction as set forth in Kalal.
SCOW reverses defense win on speedy trial violation, overrules Borhegyi, and holds that 46-month delay did not violate federal constitution
State v. Luis A. Ramirez, 2025 WI 28, 6/27/25, reversing a published decision from COA; case activity When this case was issued, we got excited and informed our readers that this “big defense win” was an important decision on the speedy trial right. However, SCOW now unanimously reverses in favor of the State.
- 2024-2025 Term
- 1. Appeals
- B. Opinions
- K. Standards of Review
- 25. Speedy trial
- 38. Speedy Trial, 6th Am.
- 45. WI Supreme Court
July 1, 2025
Publication Orders for April, May and June
As usual, we bring you coverage of COA’s orders regarding publication, this time for April, May and June.
June 30, 2025
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