by admin
on September 10, 2021
State v. Eric Jean Overvig, 2019AP1786, 9/8/21, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
Overvig was arrested for OWI-3rd and promptly put himself into intensive alcohol treatment. When it came time for sentencing, the trial court imposed probation with 20 days of conditional jail time. Ordinarily, under Wis. Stat. § 346.65(2)(am)3., the minimum for OWI-3rd would be 45 days, but there’s an exception in Wis. Stat. § 346.65(2)(cm) pertaining to certain probationers who undergo drug treatment: for them, the minimum is 15. The state appeals, arguing Overvig didn’t qualify for this exception, but the court of appeals holds that he did. [continue reading…]
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by admin
on September 9, 2021
Outagamie County v. L.C.E., 2021AP324, District 3, 9/8/21 (one-judge decision; ineligible for publication); case activity
Once again, a circuit court fails to make the findings necessary to support the extension of a commitment under § 51.20, resulting in the reversal of the extension order. [continue reading…]
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by admin
on September 9, 2021
Waukesha County v. E.A.B., Jr., 2021AP986-FT, District 2, 9/8/21 (one-judge decision; ineligible for publication); case activity
E.A.B. was first committed in 2008. At what would appear to be the 12th extension hearing, in 2020, it was extended again. E.A.B.’s challenges to the sufficiency of the evidence for that extension, and for the associated medication order, are rejected by the court of appeals. [continue reading…]
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by admin
on September 9, 2021
State v. L.M., 2021AP970, District 1, 9/8/21 (one-judge decision; ineligible for publication); case activity
The circuit court properly exercised its discretion in denying L.M.’s motion to vacate the default judgment entered against her in this TPR case. [continue reading…]
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by admin
on September 6, 2021
A new report (summarized here) from the Council on Criminal Justice digests some recent recidivism data is out, explaining, among other findings, that the return-to-prison rate has dropped, that rearrest rates remain high for people leaving prison, but that most of those rearrests are for public order offenses. Here‘s the whole thing. [continue reading…]
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by admin
on September 6, 2021
Shawano County v. S.L.V., 2021AP223, District 3, 8/17/21 (one-judge decision; ineligible for publication); case activity
Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, requires a circuit court to make specific fact findings about dangerousness at a ch. 51 commitment hearing. The circuit court didn’t do that in this case, so the commitment order is reversed. [continue reading…]
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by admin
on August 29, 2021
State v. Robert Daris Spencer, 2018AP942-CR, petition for review, and petition for cross review, of an unpublished court of appeals decision, both granted 8/13/21; case activity (including briefs)
Issues presented (composed by On Point from the PFR and cross PFR)
- Was the circuit court’s ex parte voir dire and removal of a juror during trial a structural error requiring automatic reversal, or is it subject to harmless error analysis?
- Did the circuit court improperly consider the race of the defendant and the witnesses in deciding to dismiss juror?
- Is a defendant entitled to a postconviction hearing on an ineffective assistance of counsel claim when the record conclusively shows the claim should be denied?
[continue reading…]
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by admin
on August 29, 2021
Daniel Doubek v. Joshua Kaul, 2020AP704, certification granted June 16, 2021; case activity (including briefs)
Issue (from Court of Appeals’ Certification):
Are Evans v. DOJ, 2014 WI App 31, 353 Wis. 2d 289, 844 N.W.2d 403, and Leonard v. State, 2015 WI App 57, 364 Wis. 2d 491, 868 N.W.2d 186, “good law” in light of the United States Supreme Court’s decision in United States v. Castleman, 572 U.S. 157 (2014)?
For complete information, see our post on the court of appeals’ certification.
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