On Point: 46. WI Court of Appeals

Waukesha County v. R.D.T., 2024AP1390, 2/12/25, District II (1-judge decision, ineligible for publication); case activity

COA dismisses “Rex’s” D.J.W. and sufficiency challenges to his 2023 recommitment and involuntary medication orders as moot.

State v. Emily Anne Ertl, 2023AP234-CR, 2/18/25, District III (one-judge decision; ineligible for publication); case activity

Ertl appeals the denial of her motion to suppress on the ground that police impermissibly extended the scope of her initial detention when the officer asked her if she would consent to field sobriety tests. COA affirms, concluding that her detention was not unreasonably prolonged by law enforcement’s single request that she voluntarily submit to field sobriety tests.

State v. K.R.W., 2024AP1210, 2/19/25, District II (one-judge decision; ineligible for publication); case activity

Although COA does not address K.R.W.’s broader constitutional argument, it holds that suppression is warranted given the State’s violation of a statute requiring an intake worker to warn a juvenile of his right to counsel and right against self-incrimination before taking that juvenile’s statement.

Dane County v. A.M.M., 2024AP1670, 2/13/25, District IV (1-judge decision, ineligible for publication); case activity

“Amanda” challenges the sufficiency of the evidence pertaining to her medication order. The COA calls this a “close case,” but affirms.

State v. Walter L. Johnson, 2024AP79-CR, 2/13/25, District IV (recommended for publication); case activity

In a case resolving a hot issue for OWI litigators, COA rejects challenges to an RCS prosecution based on the chemical difference between “L meth”–found in certain nasal decongestant sprays–and “D meth,” which is found in illicit street drugs.

State v. R.J.S., 2024AP2186, 2/7/25, District I (1-judge decision, ineligible for publication); case activity

COA rejects R.J.S.’s challenges to the sufficiency of the evidence and applies a well-settled standard of review to uphold the circuit court’s discretionary termination order.

State v. Joseph Paul Morello, 2024AP931-CR, 2/6/25, District IV (one-judge decision; ineligible for publication); case activity

COA affirms circuit court’s order denying Joseph Morello’s motion to suppress the fruits of his traffic stop.  Although COA did not address circuit court’s conclusion that police had reasonable suspicion that Morello’s vehicle was connected to reports of gunshots, it affirmed on alternative ground that there was reasonable suspicion Morello’s vehicle’s windows were excessively tinted.

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 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.

Trempealeau County v. C.B.O., 2024AP1520-FT, 2/4/25, District III (one-judge decision; ineligible for publication); case activity

COA affirms, holding that the evidence of a verbal threat to kill someone, and “Carl’s” actions during a subsequent police chase, were both sufficient to establish dangerousness under Wis. Stat. § 51.20(1)(a)2.b.

State v. Jonathon Wayne Allen Beenken, 2024AP419-CR, 1/24/25, District IV (1-judge decision, ineligible for publication); case activity (including briefs)

COA holds that the clear and unambiguous terms of Beenken’s diversion agreement required the circuit court to grant the state’s motion to revoke the agreement.