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6. Court may ignore waiver

Brown County D.H.S. v. A.K., 2023AP730, 9/6/23, District III (one-judge decision; ineligible for publication); case activity (briefs not available). A.K. concedes that the circuit court properly exercised its discretion at this dispositional hearing, but argues that the order must still be reversed as there was no direct evidence from the proposed adoptive resource. COA rejects… Read more

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State v. Mercado, 2021 WI 2, 1/20/21, reversing a published court of appeals decision; case activity (including briefs) Mercado stood trial for sexual assault of three young girls. A video of each girl’s forensic interview was played for the jury pursuant to Wis. Stat. § 908.08. Mercado contends that none of the videos were properly… Read more

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City of Appleton v. Jacob Anthony Vandenberg, 2015AP2649, District 3, 11/8/16 (one-judge decision; ineligible for publication); case activity (including briefs) Because he entered a plea to OWI, first offense, Vandenberg forfeited his arguments that police lacked reasonable suspicion to stop him for operating while intoxicated or hit-and-run under § 346.69, and the court of appeals declines… Read more

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City of Brookfield v. Cassandra L. Gissal, 2014AP1751-FT, District 2, 12/23/14 (1-judge decision; ineligible for publication); case activity At trial Gissal challenged the admissibility of her statements to police because she wasn’t given Miranda warnings, but the trial court ruled she wasn’t in custody for Miranda purposes. On appeal she abandons this claim and argues instead that allowing the officer… Read more

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City of Antigo v. M.K., 2013AP2627, District 3, 7/8/14 (1-judge; ineligible for publication); case activity The circuit court held there was reasonable suspicion to stop the vehicle M.K. was driving because the court found the officer knew the vehicle’s registration was expired before he made the stop. The court’s finding of fact was not clearly erroneous, even… Read more

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 State v. Michael Scott Long, 2009 WI 36, affirming in part and reversing in part unpublished opinion For Long: Joseph L. Sommers Issue/Holding: ¶43 Long did not advance this statutory interpretation argument at the circuit court or at the court of appeals. Normally, under such circumstances, we would conclude that an issue neither raised nor… Read more

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 State v. Michael Lee Washington, 2009 WI App 148 For Washington: Christopher Lee Wiesmueller Issue/Holding: ¶1 n. 1: The State asserts that Washington is precluded from making this argument on appeal because he did not object when the prosecutor made his recommendation before the circuit court. Generally, the failure to object is a “dispositive infirmity.”… Read more

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State v. Benjamin D. Tarrant, 2009 WI App 121 For Tarrant: Susan E. Alesia, SPD, Madison Appellate Issue/Holding:   ¶6        Waiver. Before addressing the merits, the State argues that Tarrant’s no contest plea constitutes a waiver of all nonjurisdictional defects and defenses. State v. Multaler, 2002 WI 35, ¶54, 252 Wis. 2d 54, 643 N.W.2d… Read more

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