City of Monona v. Erick J. Erickson, 2024AP312, District IV, 5/30/25 (one-judge decision; ineligible for publication); case activity
The COA affirmed Erick J. Erickson’s conviction following a bench trial for operating with a prohibited alcohol concentration and revocation of his operating privileges because he unreasonably refused to submit to a preliminary breath test (PBT). COA found that the circuit court correctly denied Erickson’s motion to suppress because police had probable cause to request the PBT and probable cause to arrest Erickson. [continue reading…]
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William T. Case v. Montana, USSC No. 24-624, certiorari granted 6/2/25
SCOTUS added to its docket when it accepted an increasingly rare grant from state criminal proceedings in this Fourth Amendment case:
Question presented:
Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.
[continue reading…]
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State v. Roger A. Minck, 2022AP2292-CR, 5/28/25, District III (recommended for publication); case activity
In a case of first impression, the COA held in a decision recommended for publication that hiding a corpse with intent to conceal a crime under Wis. Stat. § 940.11(2) requires the State to prove the defendant intended to conceal any crime, not a crime related to the victim’s homicide. The COA found the evidence sufficient to affirm the jury’s verdict finding Roger Minck guilty of hiding a corpse. [continue reading…]
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State v. Daniel J. Rejholec, 2023AP2192-CR, 5/28/25, District II (recommended for publication); case activity
In a consequential appeal, COA holds that allocution statements are admissible evidence after a plea has been withdrawn.
[continue reading…]
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State v. Peter J. Long, 2024AP1249-CR, 5/28/25, District II (not recommended for publication); case activity
While Long’s appeal presents some superficially interesting legal issues, ultimately COA’s dereference to the circuit court’s underlying factual findings govern the outcome here.
[continue reading…]
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State v. Daecorion J. Robinson, 2022AP2087-CR, 5/28/25, District I (not recommended for publication); case activity
In a rare “causal nexus” win, 2 judges in D1 agree that the circuit court’s order was infirm. Under the text of the restitution statute, Robinson’s aiding a felon does not make him liable for the consequences of that felon’s underlying criminal conduct.
[continue reading…]
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Wisconsin Judicial Commision v. Honorable Ellen K. Berz, 2024AP2038-J, 5/27/2025, (per curiam judicial discipline case)
In a unanimous decision, SCOW agrees that a judge’s “intemperate” response to an adjournment request and attempt to personally arrest a criminal defendant violated the applicable rules and merited the sanction of suspension without pay.
[continue reading…]
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State v. Donaven C. Sprague, 2022AP876-CR, 5/20/25, District III (not recommended for publication), case activity
In the second defense win this week on appeal from a Barron County conviction (see Wooldridge), the COA vacated Donaven Sprague’s sentence to 10 years of initial confinement for repeated sexual assault of a child because the State breached its plea agreement to recommend no more than 5 years of initial confinement and did not cure the breach. The Court also found that Sprague received ineffective assistance of counsel because trial counsel did not inform him that resentencing before a different judge was a remedy for the State’s breach. The Court remanded the case directing the circuit court to schedule a resentencing for Sprague before a different judge.
[continue reading…]
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