State v. Rodriguez, 2024AP481, 8/14/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s decision to exclude relevant, but inadmissible, evidence at refusal hearing because witness lacked personal knowledge. Rodolfo Rodriguez sought at his refusal hearing to cross-examine Police Officer A regarding Police Officer’s B’s interactions with him during a traffic… Read more
15. Evidence
State v. Kenneth W. Hill, 2022AP1718-CR, 8/6/24, District III (recommended for publication); case activity The state appealed after the circuit court denied its motion seeking to admit Hill’s 1984 conviction from Minnesota for “criminal sexual conduct in the first degree” pursuant to Wis. Stat. § 904.04(2)(b)2. at his trials for two counts of first-degree sexual… Read more
State v. Jobert L. Molde, 2021AP1346-CR, 5/21/24, District III (not recommended for publication); case activity Although this defense win is unpublished and therefore nonprecedential, COA’s analysis and synthesis of the law regarding this commonly litigated issue is an important read for litigators considering such claims. Molde was prosecuted for first-degree sexual assault of a child… Read more
Winnebago County v. C.J.H., 2023AP1263, 3/6/24, District II (one-judge decision; ineligible for publication); case activity In a 51 appeal presenting several commonly litigated issues, COA finds no error and affirms. This is an appeal from an initial commitment order involving “Carly,” who allegedly became suicidal after being detained at the Winnebago County Jail. (¶3). Following… Read more
State v. Lauren Dannielle Peterson, 2023AP890-CR, 12/29/23, District 4 (one-judge case, ineligible for publication); case activity Peterson’s circuit court win is short-lived after the court of appeals concludes that reasonable suspicion existed to initiate an OWI investigation and probable cause existed to ask Peterson to perform a preliminary breath test (PBT). Peterson was stopped around… Read more
State v. Batterman, 2022AP181, 11/28/23, District III (ineligible for publication); case activity Given the discretionary standard of review used to assess a circuit court’s evidentiary rulings, COA wastes no time in upholding the court’s order excluding evidence the defendant did well on some field sobriety tests at a second offense PAC trial. Batterman was originally… Read more
State v. Michele M. Ford, 2022AP187 & 2022AP188, 10/31/23, District I (one-judge decision; ineligible for publication); case activity The takeaway from this procedurally convoluted case is that Ford succeeds in her appeal from an order finding her incompetent to stand trial in two misdemeanor cases. Specifically, the court reverses and remands for a “nunc pro… Read more
State v. Marqus G. Phillips, 2023AP450, 10/4/23, District 2 (one-judge decision, ineligible for publication); case activity (including briefs) That the Constitution does not guarantee an “error-free trial” is an unnecessary response to a straw man when a defendant seeks a new trial after it is discovered that the second of two state’s witnesses was found to… Read more
