State v. Nicholas J. Bergner, 2024AP1875, District I, 6/3/25 (one-judge decision; ineligible for publication); case activity The COA affirmed the circuit court’s order denying Nicolas Bergner’s postconviction motion for a new trial. Although the circuit court did not follow the procedure required by SCOW in Tucker for using a numbers-only jury selection process, to which… Read more
C. Unpublished Opinions
State v. Benny Burgos, 2024AP1497-CR, 6/3/25, District I (not recommended for publication); case activity In an interesting appeal presenting questions of statutory construction and appellate jurisdiction, COA uses principles of equity to reach the merits and reverses in Burgos’s favor. Burgos was made eligible for SAP at his original sentencing in 2016. (¶2). He enrolled… Read more
City of Monona v. Erick J. Erickson, 2024AP312, District IV, 5/30/25 (one-judge decision; ineligible for publication); case activity The COA affirmed Erick J. Erickson’s conviction following a bench trial for operating with a prohibited alcohol concentration and revocation of his operating privileges because he unreasonably refused to submit to a preliminary breath test (PBT). COA… Read more
State v. Peter J. Long, 2024AP1249-CR, 5/28/25, District II (not recommended for publication); case activity While Long’s appeal presents some superficially interesting legal issues, ultimately COA’s dereference to the circuit court’s underlying factual findings govern the outcome here. “Alice,” called police to report that her mother was being physically attacked by the defendant, Long. (¶2)… Read more
State v. Daecorion J. Robinson, 2022AP2087-CR, 5/28/25, District I (not recommended for publication); case activity In a rare “causal nexus” win, 2 judges in D1 agree that the circuit court’s order was infirm. Under the text of the restitution statute, Robinson’s aiding a felon does not make him liable for the consequences of that felon’s… Read more
State v. Donaven C. Sprague, 2022AP876-CR, 5/20/25, District III (not recommended for publication), case activity In the second defense win this week on appeal from a Barron County conviction (see Wooldridge), the COA vacated Donaven Sprague’s sentence to 10 years of initial confinement for repeated sexual assault of a child because the State breached its… Read more
State of Wisconsin v. F.S.-E., 2054AP10, District I, 5/20/25 (one-judge decision; ineligible for publication); case activity The COA rejects F.S.-E.’s claim that he is entitled to an evidentiary hearing to determine whether his no contest plea was knowingly, intelligently, and voluntarily made. It holds that there is no requirement that the circuit court pause after… Read more
State v. Kelsy R. Wooldridge, 2022AP1927-CR, 5/20/25, District III (not recommended for publication), case activity In a decision not recommended for publication, the COA reversed Kelsy Wooldridge’s conviction for possessing methamphetamine and found that no reasonable jury could have determined beyond a reasonable doubt that she knew a bloody syringe seized from her purse contained… Read more
