State v. Aaron L. Jacobs, 2022AP658-659, 2022AP661-663, 9/19/23, District 3 (recommended for publication); case activity (including briefs) The key takeaway from this soon to be published court of appeals decision may seem obvious and inarguable, but as we’ll see below, the state pursued and the circuit court blessed what would have been a massive expansion of the… Read more
B. Published opinions
On August 30, 2023, the court of appeals ordered publication of one criminal law related decision: State v. Gregory L. Cundy, 2023 WI App 41 (Applying Payton rule to invalidate “Terry stop” inside home)… Read more
On July 26, 2023, the court of appeals ordered publication of two criminal law related decision: State v. Cedric Tung, 2023 WI App 33 (rejecting McCoy v. Louisiana and United States v. Cronic based IAC claims) State v. Conrad M. Mader, 2023 WI App 35 (testimony that 99% of sexual assault reports are true improperly vouched for… Read more
On June 28, 2023, the court of appeals ordered publication of one criminal law related decision: State v. Tracy Laver Hailes, 2023 WI App 29 (circuit court can’t apply § 939.62(1) and § 961.48 penalty enhancers at the same time)… Read more
State v. Conrad M. Mader, 2022AP382-CR, District 2, 6/7/23 (recommended for publication); case activity (including briefs) Mader was convicted of repeated sexual assault of his stepdaughter. He argues his trial lawyer was ineffective in numerous ways. The court of appeals agrees trial counsel performed deficiently in three respects, but holds trial counsel’s mistakes weren’t prejudicial… Read more
On May 31, 2023, the court of appeals ordered publication of the following criminal law related decisions: State v. Rasheem D. Davis, 2023 WI App 25 (circuit court didn’t lose jurisdiction by dismissing charges and then quickly reinstating them) Brown County DHS v. S.K., 2023 WI App 27 (conviction as party to the crime of… Read more
State v. Tracy Laver Hailes, 2021AP1339-CR, 5/9/23, District 1, (recommended for publication); case activity (including briefs) In a decision recommended for publication, the court of appeals holds that under §973.01(2)(c) a circuit court may apply either §939.62(1) (governing habitual criminality) or §961.48 (governing second or subsequent offenses) to enhance a penalty, but it may not… Read more
On April 26, 2023, the court of appeals ordered publication of the following criminal law related decisions: Outagamie County v. L.X.D.-O., 2023 WI App 17 (counties must move examiners’ reports into evidence at recommitment hearings, but not at initial commitment hearings)… Read more
