Author Works

Buckle up! August was a busy month for the 7th, with many interesting cases decided including a defense lawyer telling the jury he believed the child victim during closing arguments, a couple of habeas cases, a discussion on the difference between direct and other acts evidence, false arrest for suspected animal abuse, an interesting decision on counsel’s obligation to litigate unsettled law, and so much more!

OLR v. Peter J. Kovac, 2024AP1511-D, 8/15/25, per curiam decision of the Wisconsin Supreme Court (in its disciplinary capacity).

In a decision overlapping with our focus on criminal appeals, SCOW revokes the license of a criminal defense attorney whose misconduct covers both trial and postconviction representation of two clients.

Brown County v. M.J., 2025AP116, 8/26/25, District III (ineligible for publication); case activity

In a Chapter 51 appeal presenting familiar legal challenges, COA avoids some of the stickier legal issues on a path toward affirmance.

State of Wisconsin v. S.L.L., 2024AP551, 8/26/25, District I (ineligible for publication); case activity

S.L.L. failed to preserve an objection to a protective order as to the identity of the proposed adoptive resource, leading to a quick affirmance from COA.

State v. John R. Phelan,  2024AP777-CR, 8/14/25, District IV (recommended for publication); case activity

In a very complex analysis of the statutes which empower DNR wardens, COA holds that the warden in this case had authority to seize Phelan for suspected littering, validly detained him after obtaining probable cause that he possessed THC, but violated the law by conducting an investigation into an OWI.

Waushara County v. Beatrice Bruning, 2025AP300, 8/7/25, District IV (ineligible for publication); case activity

In a case with a slightly convoluted procedural history, COA accepts the County’s concession that traffic citations are invalid as they resulted from a trial conducted before a court commissioner instead of a circuit court judge.

Racine County v. D.S. 2025AP758-FT, 8/6/25, District II (ineligible for publication); case activity

COA rejects a battery of challenges to D.S.’s involuntary commitment and medication despite sharing some of the examining physician’s “concerns” about her situation.

Because June failed to produce many relevant cases, and posts were delayed as a result of our migration to a new site, we’ve consolidated June and July’s cases. This installment features decisions clarifying the difference between lay and expert testimony, a Fourth Amendment win, a habeas win, and a mixed bag of other interesting cases.

Mario Victoria Vasquez v. State of Wisconsin Claims Board, 2023AP1764, 8/5/25, District III (not recommended for publication); case activity

In a rare appeal focusing on the statutory right to compensation for the wrongly convicted, COA holds that Vasquez–despite having been freed from prison–cannot prove his innocence in this unique administrative forum.

Racine County v. R.P.L., 2025AP813-FT, 7/30/25, petition for review granted 11/17/25, District II (ineligible for publication); case activity

In an appeal from an annual protective placement review, R.P.L. escapes a finding of mootness but loses on the merits.