State v. Eric J. Debrow, 2023 WI 54, 6/23/23, reversing an unpublished court of appeals decision; case activity (including briefs) In yet another reversal of a defense win, SCOW defers to the circuit court’s decision denying a motion for mistrial but slightly muddies the waters as to the proper legal analysis when assessing mistrial claims… Read more
8. Discretionary decision
State v. E.B., 2022AP1882, District 1, 01/18/2023 (one-judge decision, ineligible for publication), case activity This case concerns only the disposition phase of E.B.’s TPR case. She argued that the circuit court erroneously exercised its discretion with regard to the best interest of the child factors set forth in Wis. Stat. § 48.426(3). Specifically, E.B. argued… Read more
State v. X.S., 2022 WI 49, 6/29/22, modifying and affirming an unpublished court of appeals decision, 2021AP419, case activity (including, for some reason, one brief) Our supreme court is fond of extolling its role as a “law-developing court.” You’ll search in vain for any law development in this case. Rather than developing the law, the… Read more
State v. X.S., 2021AP419, review of an unpublished court of appeals opinion, granted 10/18/21, case activity Issues: 1. Whether the court of appeals erroneously exercised its discretion in denying “Xander’s” motion for reconsideration less than 24 hours after it was filed without any explanation? 2. Whether a juvenile who stipulates to the prosecutive merit of… Read more
Court of appeals reverses discretionary juvenile non-waiver in a way that seems pretty discretionary
State v. X.S., 2021AP419, 7/20/21, District 1 (one-judge decision; ineligible for publication); case activity Xander (a pseudonym) shot several people in a well-known incident at the Mayfair Mall in Wauwatosa. The juvenile court concluded that it was the right forum for the case and denied the state’s motion to waive the matter into adult criminal… Read more
State v. M.C., 2021AP301, District 2, 8/11/21 (one-judge decsion; ineligible for publication); case activity The circuit court erroneously exercised its discretion in deciding to waive M.C. into adult court on a sexual assault charge, so the waiver is reversed and the case remanded for the circuit court to exercise its discretion properly. Section 938.18(5)(c) provides… Read more
County of Milwaukee v. Christann Spannraft, 2018AP1553 & 1554, 6/23/20, District 1 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) This is a pro se appeal of an OWI-1st conviction. Spannraft raises three claims, all of which are rejected. First, she says the court should have letter introduce evidence about the arresting officer’s… Read more
State v. A.M.J., 2019AP420, 4/14/20, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) This is a juvenile case so pseudonyms abound. The state accused “Adam” of taking some vehicles from “the Morrisons” and also, in the same incident, damaging some property belonging to “the Olsons.” The district attorney filed a petition concerning… Read more
