State v. Percy Antione Robinson, 2020AP1728-CR, 8/6/24, District I (recommended for publication); case activity In a published decision that criminal practitioners have been waiting on for years, COA holds that a CR-215 probable cause procedure used to satisfy the requirements of Riverside triggers the attachment of the Sixth Amendment right to counsel. The facts in this… Read more
B. Published opinions
In May, June and July COA released a number of published decisions: In May, COA ordered the publication of four decisions relevant to our practice: State v. Raymand L. Vannieuwenhoven, 2024 WI App 27 (holding that police did not act unlawfully in using a “ruse” to obtain Vannieuwenhoven’s saliva for DNA analysis related to a… Read more
State v. Kruckenberg Anderson, 2023AP396-CR, 7/25/24, District IV (recommended for publication); case activity The tragic death of a newborn baby in the bucolic countryside of southwest Wisconsin prompted aggressive interrogation techniques by law enforcement that the Court of Appeals considered coercive in light of the suspect’s age of 16. But the court found that a… Read more
State v. Robert M. Schueller, 2023AP1755-CR, 6/20/24, District IV (recommended for publication); case activity In a decision recommended for publication, the court of appeals holds that advances in PTSD treatment constitute a new factor, where the sentencing court expressly relied on its understanding that Schueller’s PTSD was uncurable in determining his risk to the public and… Read more
Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, 6/4/24, District III (recommended for publication); case activity Court of Appeals affirms circuit court’s order affirming DOJ’s decision to deny applicant’s request to purchase firearm after applicant’s conviction for a misdemeanor crime of domestic violence was expunged. Scot Van Oudenhoven was convicted in a 1994 Calumet County… Read more
State v. Cordiaral F. West, 2022AP2196, 5/1/24, District II (recommended for publication); case activity COA interprets a statute allowing aggregation of separate drug offenses into a single charge and holds that West is not entitled to plea withdrawal. An investigation into suspected drug dealing resulted with West being charged with six crimes related to conduct… Read more
In March, the court of appeals ordered the publication of two criminal law related decisions. In April, the court ordered the publication of one such decision. State v. M.L.J.N.L., 2024 WI App 11 (reversing a juvenile restitution order and agreeing with State’s concession that Marsy’s Law did not render limitation of juvenile restituion unconstitutional). State v… Read more
State v. Luis A. Ramirez, 2022AP959-CR, 4/25/24, District IV (recommended for publication); case activity In a must-read defense win, COA holds that the State’s “cavalier disregard” for Ramirez’s speedy trial rights entitle him to dismissal of the underlying complaint. Be warned: This is a lengthy opinion, the upshot of which is that the extreme delay… Read more
