State v. Eric J. Joling, 2023AP1023-CR, 12/11/24, District II (recommended for publication); case activity Federal law prohibits subjecting social security disability insurance payments (SSDI) to “execution, levy, attachment, garnishment, or other legal process.” 42 U.S.C. § 407(a). In a decision recommended for publication, the Court of Appeals held that a circuit court may nevertheless use… Read more
D. Type of punishment
State v. Lynetta Lake, 2024AP115-CR, 11/12/24, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) Lake pleaded guilty to negligent operation of a motor vehicle and hit and run of an attended vehicle. Following a hearing, the circuit court ordered restitution. Lake filed a postconviction motion alleging ineffective assistance of counsel for failing… Read more
State v. Les Paul Henderson, 2023AP2079-CR, 5/31/24, District IV (not recommended for publication); case activity Although Henderson fails to persuade COA that a JOC making him eligible for early release programming controls, he does live to fight another day given COA’s order that he receive a hearing at which time the circuit court will have… Read more
State v. Andre L. Jones, 2023AP1535-CR, 2023AP1536-CR, 2023AP1537-CR and 2023AP1538-CR, 5/16/24, District IV(not recommended for publication); case activity In a rare appeal of an order denying a motion for return of property, COA rejects a novel statutory construction argument by adhering to what it views as binding precedent. Return of Property Jones sought return of… Read more
State v. Paul R. Noble, 2023AP1444-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity While Noble’s arguments on appeal appear to have substantial merit, the court of appeals declines to address the merits because the state abandoned the appeal and thereby conceded that “Noble’s arguments are correct.” Roughly two years after Noble’s sentencing… Read more
State v. M.L.J.N.L., 2021AP1437, 2/28/24, District IV (recommended for publication); case activity In one of our first published decisions to address the impact of Marsy’s Law, COA accepts the agreed-upon position of both parties that Marsy’s Law does not alter the framework for assessing requests for juvenile restitution under § 938.34(5)(a). UPDATE: This post is… Read more
State v. J.A.J., 2022AP2066, 11/14/23, District I (ineligible for publication); case activity In a noteworthy juvenile appeal, COA rejects a novel argument highlighting the dysfunctional nature of our juvenile justice system as caused by the “closure” of Lincoln Hills. J.A.J. appeals a dispositional order for the serious juvenile offender program (SJOP) with placement at Lincoln… Read more
State v. Jonathon S. Geiger, 2022AP1270-CR, District III, 7/11/23, not recommended for publication; case activity (briefs available) Geiger argues the circuit court erroneously ordered him to pay extradition costs in connection with a sentencing after revocation hearing. COA rejects his statutory construction arguments and affirms. At Geiger’s original sentencing hearing in 2017, the court withheld… Read more
