State of Wisconsin v. Alex Mark Hagen, 2024AP1180, 3/6/25 District IV (one-judge decision; ineligible for publication); case activity COA reversed the circuit court’s order suppressing evidence of field sobriety tests and their fruits, finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for operating a vehicle while intoxicated. A… Read more
46. WI Court of Appeals
COA affirms order declaring mistrial when prosecutor learned she had COVID after first day of trial.
State v. Cesar O. Fernandez-Reyes, 2024AP1668-CR, 3/4/25, District III (not recommended for publication); case activity COA affirms circuit court’s order declaring a mistrial and denying the defendant’s motion to bar a retrial on double jeopardy grounds where prosecutor learned she had COVID after the first day of trial. Cesar Fernandez-Reyes’s trial on two counts of… Read more
State v. Devron Michael Green, 2024AP1104, 3/5/25, District II (1-judge decision, ineligible for publication); case activity In an interesting statutory construction appeal, COA concludes it was improper for circuit court to order an IID in conjunction with an OWI-1st citation when the accompanying refusal was dismissed and no findings were made under the refusal statute… Read more
Winnebago County v. J.S., 2024AP1333, 3/5/25, District II (1-judge decision, ineligible for publication); case activity In yet another case testing the applicability of SCOW’s D.J.W. mandate, COA finds that the circuit court “barely” satisfied those requirements and affirms. “Jacob” argues that the circuit court failed to make sufficient findings in order to find him dangerous under the… Read more
State v. A.M.N., 2024AP440-CR, 3/4/25, District III (1-judge decision, ineligible for publication); case activity While the State concedes that A.M.N.’s statutory right to appear in person for a competency hearing was violated, COA finds the error harmless and affirms. After “Aiden” was charged with two misdemeanors, the circuit court sua sponte raised the issue of… Read more
In January and February, COA ordered several cases published which are relevant to our practice: January: State v. Eric J. Joling, 2025 WI App 6 (holding that federal disability payments may be used to assess ability to pay restitution). State v. Cordero D. Coleman, 2025 WI App 7 (delays caused by COVID pandemic did not… Read more
Kenosha County DC&FS v. K.E.H., 2024AP1101, 2/26/25, District II (1-judge decision, ineligible for publication); case activity In a dense and fact-dependent appeal stemming from a TPR jury trial, COA applies strict legal standards in order to reject the appellant’s multiple claims of ineffectiveness. Trial Counsel’s Alleged Lack of Preparation “Kara’s” primary deficient performance argument is… Read more
Sheboygan County v. L.L., 2024AP1443, 2/26/25, District II (1-judge decision, ineligible for publication); case activity COA confronts the usual challenges to a recommitment order and affirms based on a somewhat novel legal theory–that L.L.’s earlier stipulation to a commitment order undermines her sufficiency challenge to the recommitment. D.J.W. Claim “Lucy” first attacks her recommitment order… Read more
