On Point: C. Briefs/Appendices

State v. Bernabe Gonzalez,  2024AP358-CR, 5/6/25, District I (1-judge decision, ineligible for publication); case activity

In what we believe is COA’s first foray into the vexing world of firearm regulation post-Bruen and Rahimi, COA holds that Wisconsin’s statute prohibiting intoxicated persons from “going armed” passes muster under an originalist legal analysis.

Racine County v. C.D.B., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); case activity

In “Banks’s” most recent appeal, he once again challenges the sufficiency of the evidence pertaining to his extension and medication orders. Like his last appeal, however, those arguments go nowhere.

Sheboygan County v. N.A.L., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); petition for review granted 5/21/25; affirmed 5/19/26 case activity

In yet another appeal asking COA to clarify the procedure for accepting a stipulation to a mental commitment, COA refuses N.A.L.’s invitation to issue a precedential opinion and affirms based largely on a prior unpublished decision.

State v. T.D.V., 2024AP2057-FT, 1/22/25, District II (ineligible for publication); case activity

The State fails to adequately respond to T.D.V.’s argument that his substitution request was improperly denied, so COA remands the matter for a new trial.

Monroe County v. H.K.B., 2024AP1305, District 4, 1/16/25 (one-judge decision; ineligible for publication); case activity

On appeal from the two most recent Watts review hearings, the COA concludes that there was insufficient evidence for the protective placement order because the County failed to prove that H.K.B. was “so totally incapable of providing for . . . her own care or custody as to create a substantial risk of serious harm to . . . herself or others,” as required by § 55.08(1)(c).under Wis. Stat. § 55.08(1)(c).

Wood County v. P.J.L., 2024AP2098-FT, 1/9/25, District IV (one-judge decision; ineligible for publication); case activity

In a chapter 55 appeal arising from a somewhat unusual posture–a continued protective placement order following a jury trial–COA’s invocation of an exceedingly deferential standard of review results in affirmance.

State v. Albert A. Terhune, 2023AP353, 9/19/24, District IV (1-judge decision, ineligible for publication); case activity

In a somewhat complicated OWI appeal, COA ultimately affirms under well-settled legal standards.

State v. Percy Antione Robinson, 2020AP1728-CR, 8/6/24, District I (recommended for publication); case activity

In a published decision that criminal practitioners have been waiting on for years, COA holds that a CR-215 probable cause procedure used to satisfy the requirements of Riverside triggers the attachment of the Sixth Amendment right to counsel.

Winnebago County v. Thomas J. Roberts, 2023AP1808, District II, 6/12/24 (one-judge decision; ineligible for publication); case activity

In a rare appeal of a conviction for speeding, COA easily dispatches Roberts’s arguments given the deferential standard of review for findings of fact.

State v. Mitchell D. Butschle, 2023AP2120-CR, 5/8/24, District II (one-judge decision, ineligible for publication); case activity

On appeal from a conviction for operating with a detectable controlled substance, the court rejects Butschle’s claims that police lacked probable cause to arrest. The court affirms because “there were enough indicators of impairment to satisfy probable cause to arrest, including (1) “a strong odor of alcohol,” (2) “Butschle’s eyes were bloodshot and glassy,” (3) “the stop occurred just after 2:00 a.m., which is bar time,” and (4) “Butschle failed the HGN test and showed balance indicators on the other two [FSTs].” Op., ¶¶10-11.