As usual, we bring you coverage of COA’s orders regarding publication. For March, however, COA only ordered publication in one case–State v. Johnson, 2025 WI App 20. The case held that the chemical difference between two forms of meth (one legal, the other not) does not create a defense in a drugged driving case involving… Read more
Published 2025
S.G. v. Wisconsin DCF, 2024AP472, 4/3/25, District IV (recommended for publication); case activity In a unique CHIPS appeal, COA clarifies the proper role of corporation counsel when another party files a CHIPS petition. S.G. initiated this litigation by filing a CHIPS petition on her behalf under § 48.13(9). (¶10). In essence, S.G., who was receiving services… 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
COA holds that difference between “L meth” and “D meth” does not create a defense to RCS prosecution
State v. Walter L. Johnson, 2024AP79-CR, 2/13/25, District IV (recommended for publication); case activity In a case resolving a hot issue for OWI litigators, COA rejects challenges to an RCS prosecution based on the chemical difference between “L meth”–found in certain nasal decongestant sprays–and “D meth,” which is found in illicit street drugs. Johnson was… Read more
State v. Christopher A. Gore, 2023AP169-CR, 1/7/25, District III (recommended for publication), case activity The Court of Appeals held, in a decision recommended for publication, that Christopher Gore’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent, and the officer’s statement that he would seek… Read more
In October, November and December, COA ordered several cases published which are relevant to our practice: October: State v. J.D.B., 2024 WI App 61 (major case interpreting and applying the many requirements for an involuntary medication order entered in conjunction with pretrial competency proceedings). November: State v. Kayden R. Young, 2024 WI App 65 (clarifying… Read more
