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COA affirms resentencing denial, holds judge’s comments about defendant’s non-criminal sexual behavior, etc. did not show objective bias
State v. Anthony J. LaRose, 2022AP647-CR, District 3, 3/25/25 (not recommended for publication); case activity (including briefs) LaRose appeals an order denying his postconviction motion for resentencing on his conviction for first-degree sexual assault of a child, in which he claimed that the circuit court judge was biased against him based on three sets of […]
- 1. Appeals
- C. Unpublished Opinions
- K. Resentencing
- K. Standards of Review
- 13. Due Process
- 15. Evidence
- P. Presentence Report
- 24. Sentencing decisions
- 46. WI Court of Appeals
March 28, 2025
Seventh Circuit remands for new trial as to whether MPD officers conducted illegal stop and frisk
Isaiah Taylor v. Justin Schwarzhuber, No. 23-3151, 3/17/25 In a rare win, Taylor will have another chance to prove that MPD officers violated his rights when they seized him while he was out delivering a Christmas turkey to a friend.
- 1. Stops, in general
- a. Apprehension of danger
- 3. Frisks
- 5. High crime areas
- G. Reasonable suspicion
- 35. Search & Seizure
March 25, 2025
COA again finds that consent to blood draw was valid, distinguishing Blackman
State v. Justin Dennis Krizan, 2022AP1341-CR, 3/4/25, District III (1-judge decision, ineligible for publication), case activity Applying its recent holding in State v. Gore, 2025 WI App 11, ___ Wis. 2d ___, ___ N.W.3d ___ (see our post on Gore here), the COA concludes that Krizan’s consent to a blood draw was voluntary because he […]
At least two justices on US Supreme Court believe it is high time to rethink Confrontation Clause jurisprudence
In their dissents from an order denying cert, two justices leave a trail of breadcrumbs for litigators frustrated by the discordant state of the law with respect to the Constitution’s Confrontation Clause.
March 24, 2025
SCOTUS grants new trial due to prosecutor’s failure to correct false testimony
Glossip v. Oklahoma, USSC No. 22-7466, 2/25/2025; Scotusblog page (with links to briefs and commentary) In a 5-3 defense win, the legal system finally yields to the prosecutor’s concession that Glossip is entitled to a new trial.
March 23, 2025
COA concludes investigative stop was valid in OWI decision recommended for publication
State v. Jody William Solom, 2024AP691-CR, 3/19/25, District II (recommended for publication), case activity Solom appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI), sixth offense. He asserts the investigative stop was unlawful and should have been suppression. COA disagrees and affirms.
March 21, 2025
COA affirms restitution order where no evidence presented to contradict factual assertions; IAC claim forfeited if not raised in circuit court.
State v. Martha R. Elsila, 2024AP1444-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity COA affirms restitution order on appeal challenging witness’s credibility and claiming IAC. COA deferred to the circuit court’s credibility determination given no evidence was presented to contradict witness, and found that appellant’s IAC claim was forfeited because it was […]
SCOW clarifies that read-in offenses cannot be used to independently establish ethical violations in attorney discipline case
OLR v. Osman A. Mirza, 2023AP2369-D, February 27, 2025, (per curiam attorney discipline case) In a disciplinary case adjacent to criminal defense practice, SCOW clarifies the impact of having charges “read-in” for purposes of an OLR proceeding.
March 20, 2025
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