State v. T.N., 2024AP1280, 4/22/25, District I (1-judge decision, ineligible for publication); case activity T.N. appeals, arguing that she received ineffective assistance of counsel when her attorney did not object to statements she contends are inadmissible hearsay. COA assumes without deciding that the statements were hearsay and affirms the circuit court’s orders, concluding there was… Read more
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State v. J.A.V., 2024AP2081, 4/23/25, District I (1-judge decision, ineligible for publication); case activity COA rejects two claims relating to the circuit court’s discretionary decision, including an argument that the circuit court relied on inaccurate information regarding the SJO program. On appeal, “Joshua” raises two challenges to the circuit court’s discretionary decision to waive him… Read more
State v. A.L., 2025AP177, 4/22/25, District I (1-judge decision, ineligible for publication); case activity Despite the respondent’s claim that she was never given notice of the time for a jury status hearing, COA affirms the circuit court’s default finding. “Allie” received the usual warning given to parents in TPR matters–to appear at all future court… Read more
March was another slow month, but brought a couple of cases potentially relevant to our practice with respect to a delayed search of a cell phone, the use of suggestive lineups, the constitutionality of laws governing short-barreled rifles, and an argument that the Sixth Amendment applies to criminal restitution orders: United States of America v… Read more
Winnebago County v. J.D.M., 2024AP1601, 4/16/25, District II (1-judge decision, ineligible for publication); case activity COA affirms the circuit court’s orders recommitting J.D.M. (referred to as “Josh”) for twelve months and authorizing involuntarily administering medication. A jury found Josh mentally ill, a proper subject for treatment, and dangerous to himself or others. Josh argues on… Read more
Oconomowoc School District v. Cota., 2025 WI 11, 4/10/25 In a case tangentially related to defense practice, SCOW clarifies that a Wisconsin statute prohibiting employment discrimination based on arrest records applies to non-criminal offenses, such as an allegation of theft prosecuted in municipal court. “Subject to limited exceptions, an employer may not terminate an employee… Read more
As usual, we bring you coverage of COA’s orders regarding publication. For March, however, COA only ordered publication in one case–State v. Johnson, 2025 WI App 20. The case held that the chemical difference between two forms of meth (one legal, the other not) does not create a defense in a drugged driving case involving… Read more
David Asa Villarreal v. Texas, USSC No. 24-557, certiorari granted 4/7/25 SCOTUS added to its 2025-26 docket this week when it granted the petitioner’s cert. petition to address the following: Question presented: Whether a trial court abridges the defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s… Read more