State v. H.C., 2023AP1950, 3/5/24, District I (one-judge decision; ineligible for publication); petition for review granted 9/11/24; reversed 6/3/25 case activity
In an interesting decision that seems almost guaranteed to invite review by SCOW, COA departs from the plain language of the statute and reads a burden of proof requirement into the TPR dispositional procedure.
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State v. Ashley Jean Campbell, 2020AP1813, 3/5/24, District 3 (recommended for publication); case activity
As a matter of first impression in Wisconsin, the court of appeals holds that regardless of whether the “instinct exception” exists, “the exception does not apply under the facts in this case to excuse the State’s obligation to obtain a warrant prior to searching Campbell’s vehicle.” Op., ¶5. More specifically, the court concludes that the canine “did not instinctively enter Campbell’s vehicle because the officer had full control of the canine and implicitly encouraged it to enter through the driver’s side door.” As a result, the court reverses Campbell’s judgment of conviction and remands with directions to grant her motion to suppress. [continue reading…]
February brought several meaty criminal (or criminal-adjacent) appeals:
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State v. I.A.A., 2023AP1723-24, 2/28/24, District 2 (one-judge decision; ineligible for publication); case activity
Long story short, the court of appeals affirms the orders terminating I.A.A.’s (“Ivy’s”) parental rights despite the circuit court’s admitted failure to comply with Wis. Stat. § 48.422(3)’s mandate to take testimony related to grounds at Ivy’s no contest plea hearing. Because the court was able to “tease out” all the necessary elements to grounds from “other witnesses at other hearings,” the court concludes that Ivy was not prejudiced and that the error was harmless. Op., ¶33. [continue reading…]
So far this year, the Wisconsin Court of Appeals has published one criminal law related decision. Here are the publication orders for January and February 2024. The lone published decision is in State v. Dustin J. VanderGalien, 2024 WI App 4 (rejecting a constitutional challenge to the criminalization of driving with a detectable non-impairing cocaine metabolite).
State v. S.N., 2023AP2366-67, 2/27/24, District I (one-judge decision; ineligible for publication); case activity
“Sally’s” challenge to the court’s discretionary termination order fails, as the circuit court’s order was supported by evidence in the record.
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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).
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Burnett County v. B.S., 2023AP1811-FT, 2/28/24, District III (one-judge decision; ineligible for publication); case activity
Due in part to last-minute witness unavailability, the County’s attempt to rely solely on generic and conclusory testimony from an examining psychiatrist fails in yet another helpful, and citable, 51 win.
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