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COA rejects challenges to possession of child porn based on erroneous jury instruction and state’s closing argument
State v. Catherine E. Edwards, 2023AP1042-CR, 3/6/25, District IV (not recommended for publication); case activity Edwards’s appeal focuses on the definition of “lewd exhibition of intimate parts” and the state’s closing arguments as to child pornography. COA rejects Edwards’s arguments on appeal and affirms her convictions for possession of child pornography.
- 1. Appeals
- G. Closing argument
- L. Harmless Error
- 12. Jury instructions/verdict
- 25. Jury
- Uncategorized
March 13, 2025
COA holds that 911 call created “emergency” justifying warrantless entry into home
State v. Ryan D. Wilkie, 2022AP730-CR, 3/11/25, District III (1-judge decision, ineligible for publication); case activity COA rejects Wilkie’s interesting constitutional arguments regarding the authority of law enforcement to enter his home without a warrant and affirms his conviction for obstructing an officer.
- Emergency Aid
- C. Unpublished Opinions
- 3. Elements
- C. Warrant unnecessary
- 4. Community caretaker
- 5. Evidence
- 7. Obstructing/resisting
- H. Ch. 946: Against gov't/admin
- 9. Crimes
- 35. Search & Seizure
- 46. WI Court of Appeals
- Uncategorized
March 12, 2025
7th Circuit denies habeas relief to Wisconsin prisoner by holding it cannot consider new evidence supporting petitioner’s claim
Breion S. Woodson v. Bradley Mlodzik, No. 22-3153, 2/28/25 Although Woodson has new evidence seeming to suggest he was sentenced on the basis of inaccurate information, the complex procedural rules of habeas litigation require affirmance.
March 11, 2025
COA finds police had reasonable suspicion to extend traffic stop to conduct field sobriety tests; reverses suppression order.
State of Wisconsin v. Alex Mark Hagen, 2024AP1180, 3/6/25 District IV (one-judge decision; ineligible for publication); case activity COA reversed the circuit court’s order suppressing evidence of field sobriety tests and their fruits, finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for operating a vehicle while intoxicated.
- 1. Stops, in general
- 1. Appeals
- a. Field Sobriety Testing
- 1. Constitutional issues
- 2. Traffic stops
- B. Chs. 343-346: Traffic offense
- FSTs
- c. Duration
- C. Unpublished Opinions
- 3. Evidence
- E. Specific motions/hearings
- 6. Test for seizure
- 6. Suppression
- G. Reasonable suspicion
- 9. Crimes
- K. Standards of Review
- 23. Search & seizure
- 30. Pretrial proceedings
- 35. Search & Seizure
- 46. WI Court of Appeals
March 7, 2025
COA affirms order declaring mistrial when prosecutor learned she had COVID after first day of trial.
State v. Cesar O. Fernandez-Reyes, 2024AP1668-CR, 3/4/25, District III (not recommended for publication); case activity COA affirms circuit court’s order declaring a mistrial and denying the defendant’s motion to bar a retrial on double jeopardy grounds where prosecutor learned she had COVID after the first day of trial.
- a. Double Jeopardy
- 1. Appeals
- C. Retrial after mistrial
- C. Unpublished Opinions
- K. Mistrial
- K. Standards of Review
- 12. Double Jeopardy, 5th Am.
- 17. Mistrial decision
- 41. Trial Procedures
- 46. WI Court of Appeals
- Uncategorized
March 5, 2025
Defense win: COA concludes it was improper to order IID after dismissal of refusal citation
State v. Devron Michael Green, 2024AP1104, 3/5/25, District II (1-judge decision, ineligible for publication); case activity In an interesting statutory construction appeal, COA concludes it was improper for circuit court to order an IID in conjunction with an OWI-1st citation when the accompanying refusal was dismissed and no findings were made under the refusal statute.
Although County concedes findings could have been more thorough, COA discerns no DJW violation and affirms
Winnebago County v. J.S., 2024AP1333, 3/5/25, District II (1-judge decision, ineligible for publication); case activity In yet another case testing the applicability of SCOW’s D.J.W. mandate, COA finds that the circuit court “barely” satisfied those requirements and affirms.
State concedes right to appear in-person was violated, COA finds error harmless
State v. A.M.N., 2024AP440-CR, 3/4/25, District III (1-judge decision, ineligible for publication); case activity While the State concedes that A.M.N.’s statutory right to appear in person for a competency hearing was violated, COA finds the error harmless and affirms.
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