On Point: K. Standards of Review

State v. Matthew Curtis Stills, 2022AP1390-CR, 2/13/24, District 1 (not recommended for publication); case activity

This 2016 case out of Milwaukee County has a bit of a backstory and an unfortunate ending for Sills. In 2020, the court of appeals reversed Sills’ conviction based on a Bangert violation related to the circuit court’s failure to advise Sills of the maximum fine. Thereafter, Sills went to trial, was convicted, and was sentenced to 30 years imprisonment, compared to the 15 years he received after his original plea. This time around, Sills raises two issues on appeal: (1) that trial court’s objective bias violated his right to a fair trial and (2) that his trial attorney provided ineffective assistance of counsel. Unlike his first appeal, the court affirms rejects his claims and affirms his new conviction.

State v. Nicholas Allen Paulson, 2022AP186, 2/21/24, District III (1-judge decision, ineligible for publication); case activity

Although Paulson tries to establish that police did not have probable cause to arrest him despite, among other evidence, a PBT reading of .198, COA affirms.

State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity

Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute.

City of Watertown v. Andrew D. Wiest, 2023AP992, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity

Although Wiest faults the City for failing to prove that he operated his motor vehicle while intoxicated, COA is satisfied there was sufficient circumstantial proof and affirms.

Columbia County DH&HS v. S.A.J., 2023AP1884, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity

In a lengthy opinion notable for its treatise-like treatment of the issues, COA rejects S.A.J.’s challenges to her TPR order.

State v. Kasey Ann Gomolla, 2022AP199-CR, 2/6/24, District 3 (recommended for publication); case activity

Even if the court of appeals had not recommended this decision for publication, Gomolla’s case seems destined for further review. While the facts here are somewhat distinguishable from State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64, Cross’ counter-intuitive holding, even with arguably “better” facts, seems to have hamstringed the court of appeals from acknowledging that a plea cannot be said to be “knowing, intelligent, and voluntary” if the defendant does not know the correct maximum penalty. If we had to guess, SCOW will soon be considering whether to reconsider, limit, or overrule Cross. 

State v. M.D.B., Jr., 2023AP620, 2/6/24, District I (1-judge decision; ineligible for publication); case activity

The State’s efforts to revive this delinquency case on appeal fail, as they are unable to persuade COA that the circuit court erroneously exercised its discretion in dismissing the petition with prejudice for failure to comply with a statutory deadline.

State v. Kevin A. Terry, 2023AP1053-CR, 1/31/24, District II (1-judge decision; ineligible for publication); case activity (including briefs)

In yet another “broken taillight” OWI, COA holds that the officer had reasonable suspicion to seize Terry based on a relatively minor vehicle malfunction.

Winnebago County v. D.S., 2023AP1484, 1/24/24, District II (one-judge decision; ineligible for publication); case activity

In a fact-dependent appeal, COA holds that the evidence was sufficient and the trial court’s findings adequate to uphold this 51 extension order.

Winnebago County v. T.M.G., 2023AP681, 1/24/24, District II (one-judge decision; ineligible for publication); case activity

Despite T.M.G.’s challenges, COA affirms this extension and related medication order applying what it believes to be well-settled precedent.