State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute. Schultz tried to leave the “Bull Pen Bar” and… Read more
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Douglas County v. K.A.D., 2023AP1072, 2/13/24, District 3 (one-judge decision; ineligible for publication); petition for review granted 6/17/24 case activity K.A.D. (“Kyle”) challenged the order authorizing his involuntary medication and treatment on two grounds: (1) that the county failed to establish that he was provided the required explanation regarding the recommended medication and treatment and (2)… Read more
Johnnie Mertice Wesley v. Randall Hepp, No. 22-2968, 1/5/24 Wesley’s challenges to law enforcement conduct which resulted in him giving inculpatory statements fail, as the Seventh Circuit concludes that the Wisconsin Court of Appeals reasonably applied SCOTUS precedent. (See our post on the previous state court litigation here). Wesley was brought in for questioning related… Read more
Seventh Circuit holds that Wisconsin Court of Appeals did not unreasonably apply harmless error test
Deshawn Harold Jewell v. Gary Boughton, No. 22-3082, 1/22/24 Despite an obvious constitutional violation, Jewell is still precluded from obtaining a new trial given that Wisconsin courts did not unreasonably find the error harmless. (See our post on the previous state court litigation here). During Jewell’s trial, the jury sent a factual question to the… Read more
January brought a few criminal (or criminal adjacent) cases our readers might find interesting: United States of America v. Byron Pierson, No. 21-3248: Pierson appeals two discretionary rulings of the district court. His first issue has to do with a proffer agreement. Here, Pierson initially agreed to plead guilty to possession of a firearm by… Read more
City of Sheboygan Falls v. Wesley Scot Melton, 2023AP1183, 1/24/24, District II (one-judge decision; ineligible for publication); case activity COA finds the City established sufficient evidence that Melton failed to stop for a school bus and therefore affirms. Melton appeals his citation under § 346.48(1), which requires drivers to stop “not less than 20 feet”… Read more
City of Watertown v. Andrew D. Wiest, 2023AP992, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity Although Wiest faults the City for failing to prove that he operated his motor vehicle while intoxicated, COA is satisfied there was sufficient circumstantial proof and affirms. Wiest’s legal troubles began when an officer spotted his truck… Read more
Columbia County DH&HS v. S.A.J., 2023AP1884, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity In a lengthy opinion notable for its treatise-like treatment of the issues, COA rejects S.A.J.’s challenges to her TPR order. This case stems from a TPR petition filed in 2020. (¶4). Counsel was appointed to represent S.A.J. and a… Read more
