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11. Defense Wins

State v. Christopher D. Wilson, 2022 WI 77, 11/23/22, reversing an unpublished decision of the court of appeals, 2020AP1014; case activity (including briefs) Someone called the police to report that a vehicle was driving erratically “all over the road.” The caller said the car had stopped in the alley behind a particular house and described… Read more

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State v. Suzanne Lee Shegonee, 2022AP361-CR, District 4, 10/27/22 (one-judge decision; ineligible for publication); case activity (including briefs) This is a guest post by Katie York, head of the SPD’s Appellate Division. The circuit court sanctioned Shegonee $500 for accepting a new plea offer 3 days prior to her scheduled jury trial. The state made… Read more

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State v. Marty S. Madeiros, 2021AP405-CR, District 4, 10/27/22 (not recommended for publication); case activity (including briefs) Evidence of Madeiros’s prior hit-and-run conviction was admitted at his trial on OWI 5th, over his objection. This other-acts evidence was inadmissible because it wasn’t probative of any non-propensity purpose and the error in admitting the evidence wasn’t… Read more

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Trempealeau County v. C.J., 2022AP286, 10/11/22, District 3 (one judge decision; ineligible for publication) case activity C.J. (“Carter” in the opinion) is diagnosed with paranoid schizophrenia. He was initially committed after an incident in which he drove recklessly with his girlfriend in the car, threatening to kill her and himself along with the president and… Read more

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State v. Kevin J. McDowell, 2022AP164-CR, District 4, 9/22/22 (not recommended for publication); case activity (including briefs) The decision in this interlocutory appeal addresses the procedure for assessing whether out-of-court statements the state proposes to admit at a criminal trial are “testimonial” and therefore inadmissible under the Confrontation Clause. It also rejects the state’s claim… Read more

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State v. Caroline J. Arndt, 2022AP450-CR, District 2, 10/12/22 (one-judge decision; ineligible for publication); case activity (including briefs) Arndt pleaded no contest to disorderly conduct, but the circuit court’s plea colloquy was defective in two crucial ways, so on the merits—and because the state declined to file a brief in the court of appeals—she’s entitled… Read more

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State v. Annika S. Christensen, 2022AP500, 9/9/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Christensen was one of two occupants of a parked car after dark. A police truck approached, parked close behind her, and shined its takedown light into the car. At least one officer got out of the car… Read more

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State v. James P. Killian, 2022 WI App 43; review granted 1/20/23; reversed, 2023 WI 52; case activity (including briefs) The state provoked a mistrial in a case charging Killian with child sexual assault offenses against two complainants. The circuit court later dismissed the case due to the prosecutor’s misconduct. When the state recharged Killian… Read more

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