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by on October 11, 2018

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COA holds that trial court did not err in finding that defendant could be restored to competency


State v. T.R.T., 2025AP387-CR, 6/19/25, District IV (not recommended for publication); case activity Although it acknowledges uncertainty as to the appropriate standard of review, COA ultimately affirms the circuit court’s order under a clearly erroneous standard.

June 30, 2025

Seventh Circuit denies habeas petition because Supreme Court precedent was unclear whether de facto life sentence for juvenile considered capable of reform violated Eighth Amendment.


Curtis L. Walker v. Dan Cromwell, No. 23-2240, 6/16/25 Despite making a “strong case for relief” that his de-facto life sentence for a homicide committed when he was 17 violated the Eighth Amendment, the Seventh Circuit held that Curtis Walker’s habeas petition could not overcome the heavy burden imposed by 28 U.S.C. § 2254(d) to […]

June 27, 2025

COA addresses dual sentence credit when imposed and stayed sentence is lifted in case recommended for publication.


State v. Scott R. Dachelet, 2023AP970, 6/25/25, District II (recommended for publication); case activity Wisconsin’s seemingly straightforward sentence credit statute – Wis. Stat. § 973.155(1)(a) – is required to accommodate an infinite variety of scenarios.  Here, the COA addressed whether a defendant is entitled to sentence credit on a withheld sentence where probation was revoked […]

COA rejects sufficiency challenges in 51 appeal and affirms


Waukesha County v. J.A.K., 2024AP2535, 6/25/25, District II (ineligible for publication); case activity In yet another Chapter 51 appeal, COA rejects the usual arguments and affirms.

June 26, 2025

COA: Prospective juror’s equivocal answers regarding bias against defendant charged with sexually assaulting child not sufficient to overcome presumption of impartiality.


State v. Richard Leo Mathewson, 2022AP2124-CR, 6/17/25, District IV (not recommended for publication); case activity COA holds that prospective juror’s equivocal answers during voir dire regarding bias against defendant charged with sexual assault of a child is not sufficient to overcome presumption that juror is impartial.

June 23, 2025

SCOW holds statistical evidence alone does not violate Haseltine rule


State v. Jobert L. Molde, 2025 WI 21, 6/13/25, reversing COA’s authored, unpublished opinion; case activity SCOW considers whether an expert witness violated Haseltine‘s anti-vouching rule when she testified that only around one percent of child sexual assault disclosures are false without offering an opinion on whether the victim in this case was telling the […]

June 22, 2025

COA affirms OWI conviction at trial, finding that nontestifying witness’s statements to 911 operator were not testimonial and defendant not subjected to custodial interrogation.


State v. Nelson Holmes, 2024AP1121, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity The COA affirmed Nelson Holmes’ conviction at trial of operating a vehicle under the influence and with a prohibited alcohol concentration, finding that a witness’s statements to a 911 operator were not testimonial and were admissible as present sense  impressions, […]

June 19, 2025

COA holds that driver’s odor of alcohol and prior conviction for OWI provides reasonable suspicion to extend traffic stop


State v. Peter Joseph Idell, 2024AP2230, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity The COA holds that an odor of intoxicants and the driver’s 2009 conviction for OWI established reasonable suspicion to extend stop for expired license plates to investigate OWI.

June 18, 2025

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