Kindschy v. Aish, 2024 WI 27, 6/27/24, reversing a published court of appeals decision; case activity (including briefs) SCOW finds injunction against abortion clinic protestor violated First Amendment. Pursuant to Wis. Stat. § 813.125, the Calumet County Circuit Court enjoined Brian Aish, an anti-abortion protestor, from speaking to or going to the residence or any… Read more
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Smith v. Arizona, USSC No. 22-899, 6/21/2024, vacating and remanding Arizona v. Smith, No. 1CA-CR 21-0451 (Ariz. Ct. App. 2022) (unreported); Scotusblog page (with links to briefs and commentary) SCOTUS unanimously holds that expert witness testimony restating an absent lab analyst’s factual assertions to support his or her own opinion is hearsay. However, the Court… Read more
State v. B.W., 2024 WI 28, 6/27/24, affirming an unpublished court of appeals decision; case activity (including briefs) In a closely-watched TPR appeal, SCOW issues a decision that leaves many open questions regarding the vexing “burden of proof” issue that has ensnarled lower courts. Although the majority spends roughly 28 pages outlining the facts, the… Read more
State v. M.P., 2024AP32, 6/26/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s order waiving M.P. into adult court based on M.P.’s age and seriousness of the offense. The State alleged in a delinquency petition that M.P., who was 16 at the time of the offense, went with his friends… Read more
Erlinger v. United States, USSC No. 23-370, June 21, 2024, vacating United States v. Erlinger, 77 F.4th 617 (7th Cir. 2023); Scotusblog page (with links to briefs and commentary) Whether offenses committed on three “occasions different from one another” for purposes of federal Armed Career Criminal Act must be found by a jury beyond a… Read more
In the Matter of Proposed Rules Relating to Appellate Court Proceedings From Orders Entered Pursuant to Wis. Stat § 971.14 Regarding Pretrial Competency Rulings in Criminal Cases, Order Filed 5/2/2024; effective July 1, 2024. In response to an increasing amount of appeals pertaining to competency, particularly of medication orders, SCOW approves a new appellate mechanism… Read more
Douglas County v. K.A.D., 2023AP1072, petition for review of an unpublished court of appeals decision granted 6/17/24; case activity (including briefs) In an interesting grant, SCOW agrees to review this freestanding appeal of an expired medication order. UPDATE: This case has now been voluntarily dismissed. As we pointed out in our prior post, this medication appeal… Read more
Washington County v. T.R.Z., 2024AP21, District II, 6/19/24 (one-judge decision; ineligible for publication); case activity Although “Tim’s” appeal presents several issues for review, COA dismisses the appeal as moot given the existence of an intervening Watts review. Tim has been under guardianship and protective placement orders since 2021. (¶3). This is an appeal of an order continuing… Read more
