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State v. K.J.P.,  2022AP807, District 2, 11/2/22 (one-judge decision; ineligible for publication); case activity The court of appeals rejects K.J.P.’s arguments that the circuit court erred in deciding to waive juvenile court jurisdiction and allow him to be prosecuted in adult court. The state filed a delinquency petition charging K.J.P. with kidnapping, armed carjacking, armed robbery… Read more

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State v. Mark J. Gahart, 2022 WI App 61; case activity (including briefs) The court of appeals holds that driving while intoxicated with a minor passenger is not a victimless crime: the minor passenger is a victim for purposes of the restitution statute. Gahart was convicted of OWI while his minor daughter was in the… Read more

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State v. M.N., Jr., 2022AP855, District 1, 11/1/22 (one-judge decision; ineligible for publication); case activity The circuit court decided to waive M.N. (“Max”) into adult court based in part on the belief that any juvenile court supervision and services would end when M.N. turned 18 in 6 months. (¶8). But as the state concedes, juvenile… Read more

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State v. Etter L. Hughes, 2021AP1834-CR, District 1, 11/1/22 (not recommended for publication); case activity (including briefs) The court of appeals rejects Hughes’s claim that she should be allowed to withdraw her pleas to four counts of child abuse on the grounds that the state improperly amended the information to add more charges against her… Read more

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State v. Suzanne Lee Shegonee, 2022AP361-CR, District 4, 10/27/22 (one-judge decision; ineligible for publication); case activity (including briefs) This is a guest post by Katie York, head of the SPD’s Appellate Division. The circuit court sanctioned Shegonee $500 for accepting a new plea offer 3 days prior to her scheduled jury trial. The state made… Read more

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October 2022 publication list

On October 26, 2022, the court of appeals ordered the publication of the following criminal law related decision: State v. Terry L. Hibbard, 2022 WI 53 (aiding buyer in drug sale can lead to Len Bias liability because it also aids dealer)… Read more

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State v. Marty S. Madeiros, 2021AP405-CR, District 4, 10/27/22 (not recommended for publication); case activity (including briefs) Evidence of Madeiros’s prior hit-and-run conviction was admitted at his trial on OWI 5th, over his objection. This other-acts evidence was inadmissible because it wasn’t probative of any non-propensity purpose and the error in admitting the evidence wasn’t… Read more

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Trempealeau County v. C.J., 2022AP286, 10/11/22, District 3 (one judge decision; ineligible for publication) case activity C.J. (“Carter” in the opinion) is diagnosed with paranoid schizophrenia. He was initially committed after an incident in which he drove recklessly with his girlfriend in the car, threatening to kill her and himself along with the president and… Read more

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