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COA: Defendant not prejudiced at trial for OWI by “numbers-only” jury selection process.
State v. Nicholas J. Bergner, 2024AP1875, District I, 6/3/25 (one-judge decision; ineligible for publication); case activity The COA affirmed the circuit court’s order denying Nicolas Bergner’s postconviction motion for a new trial. Although the circuit court did not follow the procedure required by SCOW in Tucker for using a numbers-only jury selection process, to which […]
- b. Prejudice not found
- B. Selection process
- 2. Prejudice
- C. Unpublished Opinions
- D. Ineffective Assistance
- 8. Counsel, 6th Am.
- 25. Jury
- 29. Postconv. Motions
- 46. WI Court of Appeals
June 9, 2025
Defense Win: COA finds exception to potential jurisdictional defect and reverses order denying early releasing following SAP completion
State v. Benny Burgos, 2024AP1497-CR, 6/3/25, District I (not recommended for publication); case activity In an interesting appeal presenting questions of statutory construction and appellate jurisdiction, COA uses principles of equity to reach the merits and reverses in Burgos’s favor.
COA holds prior recantation of allegation made by alleged victim against same defendant inadmissible for impeachment
State v. Johnny Ray Martin, 2023AP603, 5/28/25, District III (1-judge decision, ineligible for publication); case activity COA rejects Martin’s claims that the circuit court erroneously exercised its discretion by denying his attempt to impeach the alleged victim with her prior recantation of a separate incident, and that defense counsel was ineffective by failing to adequately […]
- 1. Appeals
- 2. Prejudice
- b. Prejudice not found
- D. Ch. 940: Against life/body
- D. Ineffective Assistance
- 5. Evidence
- 8. Discretionary decision
- 8. Counsel, 6th Am.
- 9. Crimes
- 10. Evidentiary decisions
- K. Standards of Review
- 14. Ineffective assistance of counsel
- 18. Postconviction decisions
June 5, 2025
SCOW ends years of TPR uncertainty and clarifies there is no burden of proof applicable to a disposition hearing
State v. H.C., 2025 WI 20, 6/3/25, affirming an unpublished court of appeals decision; case activity In a decision that has been awaited by TPR practitioners, all seven justices affirm COA’s mandate, with five justices joining in a majority opinion which concludes there is no burden of proof applicable at a dispositional hearing.
June 3, 2025
Using umbrella for a snow shovel arouses suspicion of intoxication; COA affirms conviction for operating with prohibited alcohol concentration and refusing PBT.
City of Monona v. Erick J. Erickson, 2024AP312, District IV, 5/30/25 (one-judge decision; ineligible for publication); case activity The COA affirmed Erick J. Erickson’s conviction following a bench trial for operating with a prohibited alcohol concentration and revocation of his operating privileges because he unreasonably refused to submit to a preliminary breath test (PBT). COA […]
SCOTUS to determine whether police need probable cause that an emergency is occurring to invoke emergency aid doctrine and enter a home without a warrant
William T. Case v. Montana, USSC No. 24-624, certiorari granted 6/2/25 SCOTUS added to its docket when it accepted an increasingly rare grant from state criminal proceedings in this Fourth Amendment case: Question presented: Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is […]
June 2, 2025
COA: State does not need to prove intent to conceal victim’s homicide to prove defendant hid corpse with intent to conceal a crime.
State v. Roger A. Minck, 2022AP2292-CR, 5/28/25, District III (recommended for publication); case activity In a case of first impression, the COA held in a decision recommended for publication that hiding a corpse with intent to conceal a crime under Wis. Stat. § 940.11(2) requires the State to prove the defendant intended to conceal any […]
- Published 2025
- 1. Appeals
- B. Published opinions
- 3. Elements of offenses
- D. Ch. 940: Against life/body
- 5. Evidence
- 9. Crimes
- K. Standards of Review
- 15. Sec. 940.11
- 26. Sufficiency of evidence
- 46. WI Court of Appeals
- Uncategorized
May 30, 2025
COA holds that allocution statements are admissible following plea withdrawal
State v. Daniel J. Rejholec, 2023AP2192-CR, 5/28/25, District II (recommended for publication); case activity In a consequential appeal, COA holds that allocution statements are admissible evidence after a plea has been withdrawn.
- Published 2025
- A. Allocution
- B. Published opinions
- 15. Evidence
- 36. Sentencing
- 46. WI Court of Appeals
May 29, 2025
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