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Defense Win: No causal nexus for restitution based on charges of harboring or aiding a felon
State v. Daecorion J. Robinson, 2022AP2087-CR, 5/28/25, District I (not recommended for publication); case activity In a rare “causal nexus” win, 2 judges in D1 agree that the circuit court’s order was infirm. Under the text of the restitution statute, Robinson’s aiding a felon does not make him liable for the consequences of that felon’s […]
- 1. Appeals
- b. Damages
- C. Unpublished Opinions
- D. Type of punishment
- 6. Restitution
- K. Standards of Review
- 22. Restitution decision
- 36. Sentencing
- 46. WI Court of Appeals
May 28, 2025
SCOW adopts recommendation of Judicial Conduct Panel and suspends judge for conduct in two criminal matters
Wisconsin Judicial Commision v. Honorable Ellen K. Berz, 2024AP2038-J, 5/27/2025, (per curiam judicial discipline case) In a unanimous decision, SCOW agrees that a judge’s “intemperate” response to an adjournment request and attempt to personally arrest a criminal defendant violated the applicable rules and merited the sanction of suspension without pay.
Defense Win: COA orders resentencing before a different judge where State breached plea agreement and trial counsel did not advise defendant of all potential remedies.
State v. Donaven C. Sprague, 2022AP876-CR, 5/20/25, District III (not recommended for publication), case activity In the second defense win this week on appeal from a Barron County conviction (see Wooldridge), the COA vacated Donaven Sprague’s sentence to 10 years of initial confinement for repeated sexual assault of a child because the State breached its […]
- a. Found
- a. Prejudice found
- A. Plea agreements
- Breach found
- 1. Deficient performance
- 2. Prejudice
- b. State's breach
- C. Unpublished Opinions
- D. Ineffective Assistance
- 8. Plea bargain breach
- 8. Counsel, 6th Am.
- 11. Defense Wins
- 21. Guilty pleas
- 46. WI Court of Appeals
- Uncategorized
May 22, 2025
SCOW accepts review in Chapter 51 appeal which could meaningfully change procedure for “stipulated” orders
Sheboygan County v. N.A.L., 2024AP1195, petition for review of an unpublished decision of the court of appeals, granted 5/122/25; case activity In yet another interesting Chapter 51 appeal, SCOW signals its willingness to resolve whether a colloquy is required before accepting a stipulation to an involuntary mental commitment order (and accompanying involuntary med order)–an issue […]
Defense Win! COA agrees that failure to timely provide examiner reports prior to initial commitment hearing deprives court of competency
Outagamie County v. M.J.B., 2024AP250, 5/20/25, District III (recommended for publication); case activity In a case clarifying a legal question that has persisted for years in 51 litigation, COA holds that when the examiners do not satisfy the statutorily-imposed deadline for filing their reports in connection with a final hearing in an original commitment proceeding, […]
May 21, 2025
COA affirms TPR plea, holds circuit court not required to pause after explaining each right
State of Wisconsin v. F.S.-E., 2054AP10, District I, 5/20/25 (one-judge decision; ineligible for publication); case activity The COA rejects F.S.-E.’s claim that he is entitled to an evidentiary hearing to determine whether his no contest plea was knowingly, intelligently, and voluntarily made. It holds that there is no requirement that the circuit court pause after […]
Defense Wins: COA finds insufficient evidence to support guilty verdict for possessing methamphetamine.
State v. Kelsy R. Wooldridge, 2022AP1927-CR, 5/20/25, District III (not recommended for publication), case activity In a decision not recommended for publication, the COA reversed Kelsy Wooldridge’s conviction for possessing methamphetamine and found that no reasonable jury could have determined beyond a reasonable doubt that she knew a bloody syringe seized from her purse contained […]
- 1. Appeals
- 2. Elements
- C. Unpublished Opinions
- 3. Evidence
- 9. Crimes
- K. Standards of Review
- 11. Defense Wins
- L. Ch. 961: Controlled Subst.
- 26. Sufficiency of evidence
- 46. WI Court of Appeals
May 20, 2025
COA rejects numerous IAC claims, affirms jury verdict in TPR appeal
Marathon County v. S.S., 2024AP1866, 5/8/25, District III (1-judge decision, ineligible for publication); case activity “Sean” appeals orders of the circuit court terminating his parental rights to his daughter, “Zoey,” and denying his motion for postdisposition relief. He argues that he was denied effective assistance of counsel in four respects during the grounds trial, and […]
- a. Effective assistance
- B. Constitutional rights
- 2. Counsel
- C. Unpublished Opinions
- 3. Continuing CHIPS
- D. Grounds, Sec. 48.415
- F. Fact-finding, Sec. 48.424
- 6. No parental responsibility
- 11. Termination of rights
- 12. Unfitness finding
- 40. TPRs
- 46. WI Court of Appeals
May 15, 2025
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