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COA holds that testimony of treating psychiatrist cured any flaws in treatment plan and rejects challenges to involuntary medication order
State v. D.E.C., 2024AP1789-CR & 2024AP1799-CR, 12/27/24, District IV (recommended for publication); case activity In yet another published decision pertaining to an involuntary medication order entered in conjunction with pretrial competency proceedings, COA holds that the testimony of a treating psychiatrist, in conjunction with the proposed treatment plan, was legally sufficient and affirms the order […]
January 6, 2025
COA affirms juvenile delinquency order in sufficiency challenge
State v. D.Y., 2024AP710, 12/26/24, District I (1-judge decision, ineligible for publication); case activity “Daniel” appeals from the circuit court’s order adjudicating him as a juvenile delinquent, on the basis of a second-degree sexual assault of a child offense. (¶1). He contends that the state failed to prove the intent element, specifically, sexual gratification or […]
- 1. Appeals
- C. Unpublished Opinions
- D. Waiver of issues/arguments
- 4. Specific issues
- K. Standards of Review
- l. Sufficiency of evidence
- 26. Juvenile proceedings
- 26. Sufficiency of evidence
- 46. WI Court of Appeals
- Uncategorized
January 5, 2025
COA: Driver passed out in car not seized or subjected to custodial interrogation after police knocked on window to investigate.
State v. Lavelle Edgar Young, 2024AP470, 12/26/24, District I (one-judge decision; ineligible for publication); case activity The Court of Appeals affirmed the circuit court’s order denying Lavelle Young’s motion to suppress physical evidence and his statements when an officer knocked on the window of his vehicle after observing Young sleeping in the driver’s seat of […]
- a. Field Sobriety Testing
- A. In-Custody, 5th Amendment
- 1. Miranda custody
- a. Generally
- 1. Stops, in general
- 2. Traffic stops
- C. Warrant unnecessary
- 5. Knock and talk
- 5. Confessions
- e. Terry stop
- 6. Test for seizure
- G. Reasonable suspicion
- 35. Search & Seizure
December 27, 2024
Defense Wins: COA reverses Chapter 51 commitment for insufficient evidence of dangerousness.
Monroe County v. M.C., 2024AP924, 12/12/24, District IV (one-judge decision; ineligible for publication); case activity The Court of Appeals reversed the circuit court’s commitment order under Chapter 51 where the court did not make sufficient factual findings to support its conclusion that M.C. was dangerous, as required by D.J.W.
- Defense wins!
- Defense wins!
- Defense wins!
- A. Ch. 51, Mental health
- Defense wins!
- 1. Original commitment
- a. Harm to self
- b. Harm to others
- 3. Civil Commitments
- C. Unpublished Opinions
- c. Pattern of acts
- f. 51.20(1)(a)2. Dangerousness
- 46. WI Court of Appeals
December 16, 2024
COA affirms denial of motion to dismiss for state’s failure to preserve video evidence
State v. Jeffrey A. Roth, 2024AP737, 12/11/24, District II (1-judge decision, ineligible for publication); case activity Three police officers confronted Roth after receiving a complaint that he was stumbling around and then sitting in a vehicle. The state charged Roth with five counts, including resisting. Before his jury trial, which resulted in two misdemeanor convictions, […]
- 1. Constitutional
- B. Non-statutory defenses
- b. Due process
- C. Unpublished Opinions
- C. Exculpatory Evidence
- 10. Defenses
- 13. Due Process
- 46. WI Court of Appeals
- Uncategorized
December 12, 2024
COA holds that circuit court erroneously permitted defendant to represent themselves at a competency hearing
State v. L.J.T., Jr., 2024AP1877-CR, 12/12/24, District IV (one-judge decision; ineligible for publication); case activity In a very unique appeal arising from pretrial competency proceedings, COA holds that the defendant was not competent to exercise the right of self-representation and reverses for a new hearing.
COA: Circuit court may use defendant’s federal disability payments to assess ability to pay restitution.
State v. Eric J. Joling, 2023AP1023-CR, 12/11/24, District II (recommended for publication); case activity Federal law prohibits subjecting social security disability insurance payments (SSDI) to “execution, levy, attachment, garnishment, or other legal process.” 42 U.S.C. § 407(a). In a decision recommended for publication, the Court of Appeals held that a circuit court may nevertheless use […]
COA holds that County sufficiently proved dangerousness in Chapter 51 extension hearing
Trempealeau County v. R.B., 2024AP1052, 12/10/24, District III (one-judge decision; ineligible for publication); case activity COA affirms, holding that the evidence of potential deterioration during commitment period justified extension order.
- A. Ch. 51, Mental health
- 2. Recommitment
- 3. Civil Commitments
- C. Unpublished Opinions
- e. Dangerousness
- 46. WI Court of Appeals
December 11, 2024
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