In March, the court of appeals ordered the publication of two criminal law related decisions. In April, the court ordered the publication of one such decision. State v. M.L.J.N.L., 2024 WI App 11 (reversing a juvenile restitution order and agreeing with State’s concession that Marsy’s Law did not render limitation of juvenile restituion unconstitutional). State v… Read more
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Racine County v. P.Z., 2024AP146-FT, 5/1/24, District II (one-judge decision; ineligible for publication); case activity In a relatively straightforward appeal of a recommitment order, COA rejects P.Z.’s sufficiency challenges and affirms. “Paul” challenges the evidence used to obtain this recommitment order, arguing that his dated conduct in 2015 does not prove current dangerousness. (¶12). COA… Read more
State v. Paul R. Noble, 2023AP1444-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity While Noble’s arguments on appeal appear to have substantial merit, the court of appeals declines to address the merits because the state abandoned the appeal and thereby conceded that “Noble’s arguments are correct.” Roughly two years after Noble’s sentencing… Read more
State v. Megan E. Zeien, 2023AP1787-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity If you’ve ever wondered whether you have a Bangert claim concerning a circuit court’s failure to “ascertain personally whether a factual basis exists to support [your client’s] plea,” this unpublished but citable decision is worth a read. Unfortunately, the… Read more
We thought our readers might be interested in this in-depth report from the Milwaukee Journal Sentinel regarding the issue of obtaining diverse juries in Milwaukee County, with quotes from SPD’s Meera Al-Hanaey as well as Judges Danielle Shelton and Jonathan Richards. Link is here. *Note that a subscription may be required to view this content*… Read more
OLR v. Roger G. Merry, 2022AP35-D, 4/24/24, per curiam decision of the Wisconsin Supreme Court (in its disciplinary capacity). Although the “true crime” genre remains as big as ever, SCOW reminds lawyers to exercise caution in this area when dealing with one’s own case. The attorney in this disciplinary case represented a client in 2006… Read more
State v. Luis A. Ramirez, 2022AP959-CR, 4/25/24, District IV (recommended for publication); case activity In a must-read defense win, COA holds that the State’s “cavalier disregard” for Ramirez’s speedy trial rights entitle him to dismissal of the underlying complaint. Be warned: This is a lengthy opinion, the upshot of which is that the extreme delay… Read more
Kenosha County DC&FS v. M.A.M., 2023AP1643-45, 4/24/24, District II (one-judge decision; ineligible for publication); case activity In a case demonstrating the difficult hurdles litigants must clear in order to prove deficient performance, COA affirms an underlying order terminating “Mary’s” parental rights. In this TPR action involving multiple children, the County alleged only one ground–continuing CHIPS… Read more
