State v. Carl Lee McAdory, 2023AP645-CR, 4/12/24, District IV (recommended for publication); case activity After McAdory persuaded the court of appeals to reverse his OWI conviction and grant him a new trial, the state pulled the “old switcheroo” on McAdory by getting the circuit court to swap his previously dismissed restricted controlled substance conviction with… Read more
B. Published opinions
State v. Ashley Jean Campbell, 2020AP1813, 3/5/24, District 3 (recommended for publication); case activity As a matter of first impression in Wisconsin, the court of appeals holds that regardless of whether the “instinct exception” exists, “the exception does not apply under the facts in this case to excuse the State’s obligation to obtain a warrant… Read more
So far this year, the Wisconsin Court of Appeals has published one criminal law related decision. Here are the publication orders for January and February 2024. The lone published decision is in State v. Dustin J. VanderGalien, 2024 WI App 4 (rejecting a constitutional challenge to the criminalization of driving with a detectable non-impairing cocaine… Read more
State v. M.L.J.N.L., 2021AP1437, 2/28/24, District IV (recommended for publication); case activity In one of our first published decisions to address the impact of Marsy’s Law, COA accepts the agreed-upon position of both parties that Marsy’s Law does not alter the framework for assessing requests for juvenile restitution under § 938.34(5)(a). UPDATE: This post is… Read more
Artillis Mitchell v. Chris S. Buesgen & Kevin A. Carr, 2022AP1076, 2/22/24, District 4 (recommended for publication); case activity This case concerns Mitchell’s appeal from the circuit court’s order dismissing his petition for a writ of certiorari. We recognize the case is a bit outside of our normal coverage, but in addition to the fact… 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. Ashley Jean Campbell, 2020AP1813, 1/23/24, District 3 (recommended for publication); case activity As a matter of first impression in Wisconsin, the court of appeals holds that regardless of whether the “instinct exception” exists, “the exception does not apply under the facts in this case to excuse the State’s obligation to obtain a warrant… Read more
The court of appeals issued the final two publication orders of the year on November 29, 2023, and December 21, 2023. Two criminal law related decision are included in the orders: State v. John J. Drachenberg, 2023 WI App 61 (holding that the “execution” of a search warrant does not include forensic analysis that can… Read more
