Waukesha County v. G.M.M., 2023AP1359, 3/13/24, District II (one-judge decision; ineligible for publication); case activity In an appeal presenting a straightforward D.J.W. claim, COA affirms while also giving credence to harmless error arguments. This is an appeal from G.M.M.’s second 51 extension order. (¶2). The circuit court granted the County’s petition after a contested hearing, finding that… Read more
L. Harmless Error
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
State v. Kasey Ann Gomolla, 2022AP199-CR, 2/6/24, District 3 (recommended for publication); case activity Even if the court of appeals had not recommended this decision for publication, Gomolla’s case seems destined for further review. While the facts here are somewhat distinguishable from State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64… Read more
State v. Troy Allen Shaw, 2023AP697, 1/24/24, District II (1-judge decision; ineligible for publication); case activity (including briefs) Shaw’s challenge to improper closing argument persuades COA that the prosecutor erred, but fails to overcome the imposing tests for plain and harmless error. Shaw appeals his conviction for criminal trespass to a dwelling. (¶1). In a… Read more
State v. Antonio G. Ramirez, Jr., 2021AP1590, 11/15/23, District 2 (recommended for publication); case activity (including briefs) There are some serious unresolved confrontation questions around statements alleged victims make in settings involving both medical treatment and criminal investigation: often, during a police-instigated physical examination after an alleged physical or sexual assault. Here, despite turning out… Read more
City of Whitewater v. Douglas E. Kosch, 2022AP800, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs) Although Kosch throws the kitchen sink at his OWI and refusal convictions, COA methodically works through his myriad challenges on a path toward affirmance. This OWI case begins with a 911 call from a motel… Read more
State v. Kale K. Keding, 2022AP1373-CR & 2022AP1374-CR, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available) In an eminently readable and refreshing opinion, COA methodically works through a battery of counterarguments to hold that police could not use statements Keding made after having been asked about a tissue he discarded into… Read more
C.T.L. v. M.L.K., 2023AP402, District III, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available) The court of appeals confronts two alleged errors stemming from M.L.K.’s TPR jury trial and affirms based on harmless error. This is an appeal of a comparatively rare privately-filed TPR action initiated by “Mary’s” paternal grandparents against Mary’s… Read more
