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by on October 11, 2018

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Page 16 of 1004

COA reverses circuit court’s denial of state’s motion to revoke diversion agreement


State v. Jonathon Wayne Allen Beenken, 2024AP419-CR, 1/24/25, District IV (1-judge decision, ineligible for publication); case activity (including briefs) COA holds that the clear and unambiguous terms of Beenken’s diversion agreement required the circuit court to grant the state’s motion to revoke the agreement.

January 31, 2025

In potentially consequential 51 appeal, COA suggests DJW errors can be cured during postconviction proceedings


Waupaca County v. A.L.H., 2024AP1526, 1/30/25, District IV (1-judge decision, ineligible for publication); case activity While many litigators may have believed the issue of a remedy for a D.J.W. violation had been clarified by SCOW, COA holds that recent precedent does not preclude a circuit court from making the required findings during postconviction proceedings.

COA rejects pro se challenges to OWI 1st and refusal convictions


City of Rhinelander v. Zachary Tyler LaFave-LaCrosse, 2020AP1120 & 1121, 1/7/25, District III (one-judge decision; ineligible for publication); case activity LaCrosse appeals pro se from the circuit court judgments, entered after a bench trial, convicting him of first-offense operating a motor vehicle while intoxicated (OWI) and refusing to submit to a chemical test for intoxication. […]

January 28, 2025

D4 issues another speedy trial decision recommended for publication, holds that COVID-related delays should not weigh against the state


State v. Cordero D. Coleman, 2023AP2414-CR, 12/27/24, District IV (recommended for publication), case activity COA holds that a 32-month delay in trying Coleman did not violate his constitutional right to a speedy trial where the COVID-19 pandemic was the primary cause of the delay. In doing so, COA identifies a new category of reasons for […]

SCOTUS issues per curiam order clarifying that erroneous admission of prejudicial evidence can violate due process


Andrew v. White, USSC No. 23-6573 (per curiam), 1/21/25, vacating Andrew v. White, 62 F.4th 1299 (10th Cir. 2023); Scotusblog page (with links to briefs and commentary) In a rare defense win (of sorts) on federal habeas in the US Supreme Court, SCOTUS clarifies that its decision in Payne v. Tennessee “clearly established” the rule that when […]

Defense wins (in part) when COA reverses involuntary medication order, but affirms extending commitment under Ch. 51.


Price County v. C.N.S., 2024AP853, District III, 1/22/25 (one-judge decision; ineligible for publication); case activity Appellant CNS wins a battle but loses the war as the COA affirms the circuit court’s order extending her commitment under Ch. 51, but reverses order authorizing involuntary medication.  The Court clarified that a circuit court meets D.J.W.’s requirement to […]

January 24, 2025

SCOW issues two opinions clarifying aspects of appellate procedure


In a set of non-criminal opinions, SCOW issues new guidance on the commonly-invoked rule that COA is not at liberty to disagree with its own precedents and also takes another run at clarifying when a final order is truly “final” for the purposes of appeal.

Defense Win! COA remands for new CHIPS trial


State v. T.D.V., 2024AP2057-FT, 1/22/25, District II (ineligible for publication); case activity The State fails to adequately respond to T.D.V.’s argument that his substitution request was improperly denied, so COA remands the matter for a new trial.

January 23, 2025

Page 16 of 1004

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