Publication Orders for October, November and December
As usual, we bring you coverage of COA’s orders regarding publication, this time for October, November and December.
In October, COA published two cases relevant to our readers:
- State v. Keith C. Kenyon, 2025 WI App 60. This case rejected the defendant’s challenge to a statutory scheme which the defendant labeled as encouraging “sentencing by prosecutor.”
- State v. Desmond Wilhite, 2025 WI App 65. A defense win where COA clarified that an NGI acquittee on conditional release cannot have that release revoked merely for rules violations.
November had three cases:
- State v. Scott R. Shallcross, 2025 WI App 66. This case rejected the State’s judicial estoppel claim and clarifies when newly-discovered evidence will give rise to plea withdrawal.
- State v. Angela R. Joski, 2025 WI App 67. COA extends the holding of Gramza to petitions for sentence adjustment.
- S.S. v. A.S.P., 2025 WI App 69: Jurors must agree on the period of abandonment alleged in a TPR trial and it was plain error for them to receive defective instructions otherwise.
December brought a torrent of new published authority:
- State v. Kyle A. Schaefer, 2025 WI App 71. DHS is permitted to refile a petition seeking to revoke conditional release notwithstanding a prior violation of 72-hour deadline.
- State v. Tommy A. Cross, 2025 WI App 72. A great defense win resulting in a new trial where COA held that a person may be privileged to use force in order to defend a third-party, even when that person has provoked the attack on the third-party.
- State v. Christopher J. Syrrakos and State v. Kristyn A. Shattuck, 2025 WI App 73: State is not required to receive a referral from administrative agency before it has authority to prosecute hemp producer for THC violations.
- State v. Jonathan James Petersen, 2025 WI App 74. Circuit court permitted to ban defendant from social media as condition of extended supervision.
- State v. Max E. Bell, 2025 WI App 75. Circuit courts can consider prejudice when making joinder decision.
- State v. Emil L. Melssen, 2025 WI App 76. HUGELY IMPORTANT CASE limiting ability of police to analyze contents of smartphone.
- State v. B.M.T., 2025 WI App 77. COA provides further guidance as to how seriousness of a crime is assessed in cases involving involuntary medication pursuant to finding of incompetency.