State v. M.D.B., Jr., 2023AP620, 2/6/24, District I (1-judge decision; ineligible for publication); case activity The State’s efforts to revive this delinquency case on appeal fail, as they are unable to persuade COA that the circuit court erroneously exercised its discretion in dismissing the petition with prejudice for failure to comply with a statutory deadline… Read more
K. Standards of Review
State v. Kevin A. Terry, 2023AP1053-CR, 1/31/24, District II (1-judge decision; ineligible for publication); case activity (including briefs) In yet another “broken taillight” OWI, COA holds that the officer had reasonable suspicion to seize Terry based on a relatively minor vehicle malfunction. Terry appeals the circuit court’s order denying his motion to suppress in this… Read more
Winnebago County v. D.S., 2023AP1484, 1/24/24, District II (one-judge decision; ineligible for publication); case activity In a fact-dependent appeal, COA holds that the evidence was sufficient and the trial court’s findings adequate to uphold this 51 extension order. “Dennis” challenges an order finding that he is dangerous (or would become dangerous) under the fifth standard… Read more
Winnebago County v. T.M.G., 2023AP681, 1/24/24, District II (one-judge decision; ineligible for publication); case activity Despite T.M.G.’s challenges, COA affirms this extension and related medication order applying what it believes to be well-settled precedent. “Thomas” challenges an order extending his commitment finding him dangerous under § 51.20(1)(a)2.b. (¶1). He argues that the County failed to… Read more
State v. Matthew Robert Mayotte, 2022AP1695, 1/23/24, District 3 (not recommended for publication); case activity (including briefs) Given the state of the postconviction record and COA’s narrow reading of precedent, Mayotte fails to establish he is entitled to plea withdrawal given his misunderstanding of the consequences of his Alford plea. This is probably one of the… Read more
State v. Jacob Richard Beyer, 2022AP2051, 1/11/24, District 4 (not recommended for publication); case activity (including briefs) Although Beyer labors mightily at conjuring up legal arguments for reversal, COA is uniformly unpersuaded and unimpressed by his arguments and affirms. As summarized by the COA, the underlying law enforcement investigation began when specialized investigative software downloaded… Read more
Sheboygan County DHHS v. J.L., 2023AP1884, 1/3/24, District 2 (one-judge decision; ineligible for publication); case activity In yet another appeal of the circuit court’s discretionary decision to terminate a parent’s rights, COA easily rejects J.L.’s invitation to reweigh the evidence. J.L.’s appellate challenge is narrow. Having stipulated to grounds, his only argument on appeal is… Read more
State v. Theodore J. Polczynski, 2023AP900, 1/3/24, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) COA upholds the circuit court’s order barring Polczynski from owning a business or operating as a general contractor as conditions of probation by finding they are reasonable and appropriate under the facts of this case. Polczynski was… Read more
