Waupaca County v. H.I.B., 2021AP2026, 4/7/22, District 4 (1-judge opinion ineligible for publication); case activity It is uncontested that “Hazel” has done well for three commitments in a row. Yet the court of appeals has affirmed her 4th Chapter 51 recommitment because the jury could have inferred a “substantial probability” of death or serious injury… Read more
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State v. Daniel J. Van Linn, 2022 WI 16, 3/24/22, affirming an unpublished court of appeals decision; case activity (including briefs) After Van Linn refused to consent to a blood draw, police ordered one to be taken even though they didn’t have a warrant or exigent circumstances. After the circuit court suppressed the results of… Read more
Dane County DHS v. A.D., 2022AP76 & 2022AP77, District 4, 3/31/22 (one-judge decision; ineligible for publication); case activity Another case showing that in TPR proceedings, “egregious” conduct is coming to mean “missing one hearing.” A.D. appeared at the first eight—count ’em: eight!—hearings at which he was ordered to appear. At the eighth hearing, the court allowed… Read more
We recently published a post on the court of appeals decision in State v. Hoyle, No. 2020AP1876-CR, which ordered a new trial for a defendant convicted of child sexual assault (and was recommended for publication). The court held that the state violated Hoyle’s Fifth Amendment right to remain silent at trial with its repeated arguments during… Read more
Under 42 U.S.C. §1983, our clients may file a claim for damages arising from a violation of their constitutional rights during the criminal justice process. For example, maybe the State violated their 4th Amendment rights or engaged in malicious prosecution. This week, SCOTUS issued a decision clarifying that in order to bring such a claim… Read more
City of Rhinelander v. Zachary Tyler LaFave-LaCrosse, 2020AP1466-1467, 4/5/22, District 3 (1-judge appeal, ineligible for publication); case activity (including briefs) This case needs a motion for reconsideration. LaFave-LaCrosse, an unemployed student, appealed convictions for OWI 1st and refusal to take a breath test and moved the circuit court for waiver of transcript fees due to… Read more
State v. E.L.C., 2021AP1624, 4/5/22, District 1, (1-judge opinion, ineligible for publication); case activity In 2016, 13-year-old E.L.C. pled to 4th-degree sexual assault of his 7-year-old sister. The juvenile court deferred the issue of sex offender reporting until E.L.C. had a chance to participate in counseling. Five years later, it ordered him to register as… Read more
State v. Michael Lee Muehl, 2021AP1755-CR & 2021AP1758-CR, District 4, 3/31/21 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court sentenced Muehl to prison and made him eligible for the earned release programs. Turns out Muehl was ineligible for those programs, so he filed a motion to modify his sentence on the… Read more
