In a set of non-criminal opinions, SCOW issues new guidance on the commonly-invoked rule that COA is not at liberty to disagree with its own precedents and also takes another run at clarifying when a final order is truly “final” for the purposes of appeal. Wisconsin Voter Alliance v. Secord, No. 2023AP36: This case arises… Read more
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State v. T.D.V., 2024AP2057-FT, 1/22/25, District II (ineligible for publication); case activity The State fails to adequately respond to T.D.V.’s argument that his substitution request was improperly denied, so COA remands the matter for a new trial. During an initial hearing in this case, “Tyrone” requested to: (1) fire his lawyer and (2) substitute on… Read more
State v. Grady, 2023AP1464-CR, petition for review of a summary disposition order, granted 1/16/25; affirmed 6/13/25 case activity With an increasingly rare review grant, SCOW signals its willingness to address the mechanics by which Zoom hearings are conducted so as ensure due process guarantees are observed. Grady’s PFR presents the following issues for review: 1… Read more
State v. Andreas W. Rauch Sharak, 2024AP469-CR, 1/16/25, District 4; case activity (including briefs) Rauch Sharak’s appeal concerns whether Fourth Amendment safeguards are implicated when an electronic service provider (ESP) scans for and reviews digital files in an individual’s account that are flagged as child pornography; and when law enforcement subsequently opens and views any flagged… Read more
Monroe County v. H.K.B., 2024AP1305, District 4, 1/16/25 (one-judge decision; ineligible for publication); case activity On appeal from the two most recent Watts review hearings, the COA concludes that there was insufficient evidence for the protective placement order because the County failed to prove that H.K.B. was “so totally incapable of providing for . … Read more
State v. Holly J. Grimslid, 2024AP954, 1/16/24, District IV (one-judge decision; ineligible for publication); case activity COA holds that, even if officer’s actions denying the defendant’s request to use the bathroom while he waited to obtain warrant for a blood draw were unreasonable under the Fourth Amendment, suppressing evidence of the blood draw is not… Read more
State v. Christopher A. Gore, 2023AP169-CR, 1/7/25, District III (recommended for publication), case activity The Court of Appeals held, in a decision recommended for publication, that Christopher Gore’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent, and the officer’s statement that he would seek… Read more
Wood County v. P.J.L., 2024AP2098-FT, 1/9/25, District IV (one-judge decision; ineligible for publication); case activity In a chapter 55 appeal arising from a somewhat unusual posture–a continued protective placement order following a jury trial–COA’s invocation of an exceedingly deferential standard of review results in affirmance. P.J.L. has been under a protective placement since 2021. (¶5)… Read more
