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Seventh Circuit cases for April
April was a busy month; we’ve tried to pull out those cases most relevant to our readers:
May 9, 2024
DNA profile created using saliva obtained through law enforcement “ruse” okayed by COA in published decision affirming cold case murder conviction
State v. Raymand L. Vannieuwenhoven, 2022AP882-CR, 4/30/24, District III (recommended for publication); case activity In this appeal from a cold case a murder conviction, the court issues a decision recommended for publication holding that law enforcement lawfully seized Vannieuwenhoven’s saliva and thereafter lawfully analyzed the DNA sample created from the saliva. The fact that law […]
May 8, 2024
Despite serious criticisms of doctor’s testimony, COA affirms 51 extension and involuntary med orders given contents of report
Brown County v. R.J.M., 2024AP206, 5/7/24, District II (one-judge decision; ineligible for publication); case activity Despite the doctor’s imprecise and generic testimony, COA holds that admission of his report resolves any deficiencies in the record and affirms.
HUGE Defense Win: 7th Circuit holds that SCOW’s decision is not entitled to AEDPA deference, calls Wisconsin’s treatment of petitioner a “travesty of justice” and grants writ
Robert J. Pope v. Je’Leslie Taylor, No. 23-2894, 5/6/24, affirming Pope v. Kemper, 21-CV-0346 (E.D. Wis. 9/1/23) In a refreshing defense win that cuts through the procedural weeds and directly attacks the unjust nature of Pope’s treatment by Wisconsin’s appellate courts, the Seventh Circuit wastes no time in affirming the district court’s grant of the […]
COA issues published decision interpreting 971.365(1)(b) and rejects arguments for plea withdrawal
State v. Cordiaral F. West, 2022AP2196, 5/1/24, District II (recommended for publication); case activity COA interprets a statute allowing aggregation of separate drug offenses into a single charge and holds that West is not entitled to plea withdrawal.
- 1. Principles of
- A. Plea agreements
- B. Construction
- B. Procedure and colloquy
- 2. Nelson/Bentley Motion
- B. Published opinions
- D. Plea withdrawal
- 4. Factual Basis
- e. Plain text
- 9. Crimes
- L. Ch. 961: Controlled Subst.
- 21. Guilty pleas
- Published 2024
- 39. Statutes
- 46. WI Court of Appeals
- Uncategorized
May 3, 2024
March and April 2024 Publication Orders
In March, the court of appeals ordered the publication of two criminal law related decisions. In April, the court ordered the publication of one such decision.
COA holds that evidence was sufficient for extension of underlying 2015 commitment order
Racine County v. P.Z., 2024AP146-FT, 5/1/24, District II (one-judge decision; ineligible for publication); case activity In a relatively straightforward appeal of a recommitment order, COA rejects P.Z.’s sufficiency challenges and affirms.
May 1, 2024
Defense Win! COA reverses $40,000 restitution order as sanction for state’s abandonment of appeal
State v. Paul R. Noble, 2023AP1444-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity While Noble’s arguments on appeal appear to have substantial merit, the court of appeals declines to address the merits because the state abandoned the appeal and thereby conceded that “Noble’s arguments are correct.”
- A. Right to appeal
- 1. Appeals
- C. Unpublished Opinions
- c. Defenses
- C. Briefs/Appendices
- 4. Argument
- D. Type of punishment
- 5. Forfeiture of appeal
- e. Failure to respond/reply
- e. Hearing
- f. Trial court authority
- 6. Restitution
- J. Sanctions on Appeal
- 36. Sentencing
- 46. WI Court of Appeals
April 30, 2024
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