On Point blog, page 1 of 32
COA holds that driver’s odor of alcohol and prior conviction for OWI provides reasonable suspicion to extend traffic stop
State v. Peter Joseph Idell, 2024AP2230, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity
The COA holds that an odor of intoxicants and the driver’s 2009 conviction for OWI established reasonable suspicion to extend stop for expired license plates to investigate OWI.
Defense Win: COA orders resentencing before a different judge where State breached plea agreement and trial counsel did not advise defendant of all potential remedies.
State v. Donaven C. Sprague, 2022AP876-CR, 5/20/25, District III (not recommended for publication), case activity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.
Seventh Circuit retrospectively evaluates habeas petitioner’s competence at his 2006 trial; despite low IQ and mental illness, court denies due process and IAC claims.
Jacob Alan Powers v. Jon Noble, No. 24-2134, 3/25/25
The Seventh Circuit found that Jacob Powers was competent to stand trial in a Wisconsin court in 2006 for sexual assault of a child and child enticement. Although Powers’ IQ was in the borderline/mild mental retardation range; his trial testimony, trial counsel’s decision not to challenge his competency, and two experts’ findings that he was competent convinced the Court that he reasonably understood the charges against him, trial procedures, and could assist his lawyer in his defense. The Court therefore affirmed the district court’s order denying Powers’ petition for a writ of habeas corpus.
COA rejects a panoply of challenges to TPR and affirms
Kenosha County DC&FS v. K.E.H., 2024AP1101, 2/26/25, District II (1-judge decision, ineligible for publication); case activity
In a dense and fact-dependent appeal stemming from a TPR jury trial, COA applies strict legal standards in order to reject the appellant’s multiple claims of ineffectiveness.
In published decision, COA holds that CR-215 procedure triggers attachment of right to counsel but denies relief given that law was “unsettled”
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.
COA holds that circuit court properly concluded defendant did not establish existence of medication-induced amnesia
State v. Reynaldo Rosalez, 2022AP1929-CR, 6/11/24, District I (not recommended for publication); case activity
In a case illustrating the stringent standard of review used to assess findings of fact, COA dispatches with Rosalez’s claim that his lawyer failed to discuss a defense related to his alleged medication-induced amnesia.
Defense Win! COA issues must-read decision outlining law regarding “vouching” in child sexual assault prosecutions
State v. Jobert L. Molde, 2021AP1346-CR, 5/21/24, District III (not recommended for publication);petition for review granted case activity
Although this defense win is unpublished and therefore nonprecedential, COA’s analysis and synthesis of the law regarding this commonly litigated issue is an important read for litigators considering such claims.
COA holds parent failed to establish deficient performance in TPR appeal alleging IAC
Kenosha County DC&FS v. M.A.M., 2023AP1643-45, 4/24/24, District II (one-judge decision; ineligible for publication); case activity
In a case demonstrating the difficult hurdles litigants must clear in order to prove deficient performance, COA affirms an underlying order terminating “Mary’s” parental rights.
COA holds that defendant’s misunderstanding about guilty plea waiver rule does not entitle him to plea withdrawal
State v. Matthew Robert Mayotte, 2022AP1695, 1/23/24, District 3 (not recommended for publication); case activity (including briefs)
Given the state of the postconviction record and COA’s narrow reading of precedent, Mayotte fails to establish he is entitled to plea withdrawal given his misunderstanding of the consequences of his Alford plea.
COA holds reasonable suspicion supported Act 79 search that may have led to burglary arrest
State v. Wayne L. Timm, 2023AP351, 1/19/24, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
The police thought Timm might be responsible for a string of burglaries in the area, and so were looking out for his vehicle. When an officer spotted it one night, he pulled it over for going 31 in a 25. Shining his flashlight into the car, the officer saw the flat end of a tire iron such as could be used to pry things open; the iron was partly covered by a pair of jeans. He searched the vehicle and discovered more potentially “burglarious” tools. Based in part on this evidence, the police secured a GPS warrant for Timm’s car. The GPS tracking led to the discovery of evidence connecting him to specific burglaries. He moved to suppress the search of his car; when that was denied, he entered a plea.