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SCOW grants review of defense win as to vouching
State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; case activity In a case that we correctly identified as SCOW bait, SCOW accepts review of the State’s petition for review asking to modify the substantive law on vouching as applied by COA. The case is also […]
- A. Review Grants
- D. Ineffective Assistance
- 6. Vouching for Other Witness
- F. Witnesses, Ch. 906
- 8. Counsel, 6th Am.
- 15. Evidence
- 45. WI Supreme Court
- Pending in SCOW
November 15, 2024
SCOW grants review to resolve whether an expunged conviction for a misdemeanor crime of domestic violence under Wisconsin law qualifies as an “expungement” under federal law for purposes of obtaining a firearm.
Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, petition for review of a published court of appeals decision, granted 11/12/24; dismissed as improvidently granted 6/24/25; case activity (including briefs) SCOW granted review to determine whether an expunged conviction for a misdemeanor crime of domestic violence under Wisconsin law qualifies as an “expungement” under 18 U.S.C. § […]
November 14, 2024
COA upholds restitution award and denial of postconviction IAC claim
State v. Lynetta Lake, 2024AP115-CR, 11/12/24, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) Lake pleaded guilty to negligent operation of a motor vehicle and hit and run of an attended vehicle. Following a hearing, the circuit court ordered restitution. Lake filed a postconviction motion alleging ineffective assistance of counsel for failing […]
- C. Unpublished Opinions
- D. Type of punishment
- e. Hearing
- 6. Restitution
- 14. Ineffective assistance of counsel
- 22. Restitution decision
- 36. Sentencing
- 46. WI Court of Appeals
November 13, 2024
COA affirms in appeal challenging TPR plea and disposition
Sheboygan County DH&HS v. A.W., Sr., 2024AP907, District II, 10/30/24 (one-judge decision; ineligible for publication); case activity The COA rejects A.W., Sr.’s claims that the circuit court failed to take testimony to support the finding of unfitness when he pled no contest to grounds, and that the court’s decision to terminate his parental rights at […]
COA: No reasonable suspicion to require driver to perform field sobriety tests where report of “potential drunk driver” not corroborated; circuit court’s order granting motion to suppress affirmed.
State v. Joseph Blankenship, 2024AP791-CR, 11/7/24, District IV (one judge decision; not eligible for publication); case activity The Court of Appeals affirmed the circuit court’s order granting Joseph Blankenship’s motion to suppress because police did not have reasonable suspicion to direct him out of his vehicle to perform field sobriety tests.
- a. Field Sobriety Testing
- 2. Traffic stops
- C. Unpublished Opinions
- E. Specific motions/hearings
- 6. Suppression
- G. Reasonable suspicion
- 30. Pretrial proceedings
- 35. Search & Seizure
- 46. WI Court of Appeals
- Uncategorized
November 11, 2024
COA rejects challenges to commitment under the 51.20(1)(a)2.b. dangerousness standard
Waukesha County v. M.D.S., Jr., 2024AP1315, District II, 11/6/24 (one-judge decision; ineligible for publication); case activity COA rejects “Smith’s” challenges raising commonly-litigated appellate issues and affirms in this chapter 51 case, concluding that the circuit court applied the correct legal standard and the county met its burden to show that Smith was dangerous under sub. […]
- A. Ch. 51, Mental health
- 1. Original commitment
- b. Harm to others
- 3. Civil Commitments
- f. 51.20(1)(a)2. Dangerousness
November 9, 2024
COA reverses order excluding other acts evidence, holds that greater latitude rule weakens holding of Alsteen
State v. Morris V. Seaton, 2021AP1399-CR, 11/6/24, District II (recommended for publication); case activity In a case confirming the changes wrought to other acts case law as a result of the codification of the greater latitude rule, COA reverses the circuit court’s order excluding evidence of a prior sexual assault
- 1. Appeals
- 3. Prejudice, 904.03
- B. Published opinions
- 4. Character, 904.04
- c. "Greater latitude" rule
- D. Relevance, Ch. 904
- 10. Evidentiary decisions
- K. Standards of Review
- 15. Evidence
- Published 2024
- 46. WI Court of Appeals
- Important Posts
November 8, 2024
COA: Inevitable discovery via inventory search applies even if search occurred before decision to tow.
State v. Carter Nelson, 2024AP617-CR, 11/6/24, District II (one judge decision; not eligible for publication); case activity The Court of Appeals reversed the circuit court’s order granting Carter Nelson’s motion to suppress cocaine seized from his vehicle without a warrant and without probable cause. The Court held that the evidence would have inevitably been discovered […]
- Inevitable discovery
- C. Unpublished Opinions
- 4. Inventory
- E. Administrative searches
- H. Exclusionary rule
- 35. Search & Seizure
- 46. WI Court of Appeals
November 7, 2024
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