As usual, we bring you coverage of COA’s orders regarding publication.
For March, however, COA only ordered publication in one case–State v. Johnson, 2025 WI App 20. The case held that the chemical difference between two forms of meth (one legal, the other not) does not create a defense in a drugged driving case involving a detectable amount of alleged methamphetamine.
Rule 809.23(4)(a) provides that:
“Except as provided in par. (b), any person may at any time file a request that an opinion not recommended for publication or an unreported opinion be published in the official reports.”
Sub. (b) applies to single-judge opinions.
Has anyone ever made such a request? What were the results?
Attorney Zales: We are unaware of the success ratio for such motions, although you pose an interesting question. If other readers have an answer, we’d be interested to hear it!
Thank you! I have been aware of this rule for a long time, and I know that in many cases, opinions that should be and could be published are not. Feel free to delete my redundant post. I was not sure the first had gone through.,