State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, affirming a per curiam court of appeals decision, case activity (including briefs) The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and Sellers… Read more
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Jackson County Dept. of Health & Human Services v. A.M.N., 2024AP1166, 7/10/25, District IV (ineligible for publication); case activity COA finds counsel’s performance deficient for failing to timely file affidavits opposing Jackson County’s motion for partial summary judgment regarding its petition to terminate A.M.N.’s parental rights. But A.M.N. was not prejudiced because there is no… Read more
State of Wisconsin ex rel. Christopher P. Kawleski v. State, 2022AP1129, 7/3/25, District IV, (recommended for publication); case activity COA recommends publication in a case addressing how to calculate the maximum discharge date for a defendant sentenced to a bifurcated sentence on a felony between 1999 and 2003 upon release from reconfinement after extended supervision… Read more
State v. Joan L. Stetzer, 2025 WI 34, 7/3/25, affirming an unpublished decision from COA; case activity Faced with a unique fact pattern arising from an OWI prosecution, SCOW interprets Wisconsin’s coercion defense and finds that Stetzer is unable to prevail, regardless of the clearly sympathetic facts presented. In a nutshell, the relevant facts in… Read more
State v. Carl L. McAdory, 2025 WI 30, 7/1/25, affirming an unpublished decision of COA; case activity A unanimous SCOW held that the circuit court had authority under Wis. Stat. 346.63(1)(c) to reinstate Carl McAdory’s conviction for operating a vehicle with a restricted controlled substance in his blood, which was dismissed when he was also… Read more
Josh Kaul, et al., v. Joel Urmanski, et al., 2025 WI 32, 7/2/25, on bypass from COA; case activity In a long-awaited decision, SCOW holds that a criminal statute forbidding abortion cannot be enforced under the doctrine of implied repeal. Under §940.04, performing an abortion is a felony. In response to SCOTUS’s decision overruling longstanding… Read more
Service Employees International Union Healthcare Wisconsin v. Wisconsin Employment Relations Commission, 2025 WI 29, 6/27/25, on bypass from the court of appeals; case activity In a unanimous non-criminal appeal, four justices issue a concurrence signaling their willingness to revisit Wisconsin’s method of statutory construction as set forth in Kalal. We know our readers may be… Read more
Curtis L. Walker v. Dan Cromwell, No. 23-2240, 6/16/25 Despite making a “strong case for relief” that his de-facto life sentence for a homicide committed when he was 17 violated the Eighth Amendment, the Seventh Circuit held that Curtis Walker’s habeas petition could not overcome the heavy burden imposed by 28 U.S.C. § 2254(d) to… Read more
