On Point blog, page 19 of 485
A trio of defense wins: Circuit court properly exercised discretion in ruling on motions for DPA in juvenile cases
State v. J.A.N., 2023AP1108, 5/14/24, District I (1-judge decision; ineligible for publication); case activity
State v. Z.D.S., 2023AP1109, 5/14/24, District I (1-judge decision; ineligible for publication); case activity
State v. S.R., 2023AP1110, 5/14/24, District I (1-judge decision; ineligible for publication); case activity
In a series of appeals seemingly aimed at the discretionary decisions of an individual circuit court judge, COA affirms the circuit court’s decision to dismiss and refer these juvenile prosecutions for a DPA under a well-settled standard of review.
COA affirms orders denying return of property petition and imposing fine
State v. Andre L. Jones, 2023AP1535-CR, 2023AP1536-CR, 2023AP1537-CR and 2023AP1538-CR, 5/16/24, District IV(not recommended for publication); case activity
In a rare appeal of an order denying a motion for return of property, COA rejects a novel statutory construction argument by adhering to what it views as binding precedent.
Circuit court properly granted summary judgment based on failure to respond to requests for admission and trial counsel was not ineffective for failing to respond
Kenosha County DC&FS v. A.G.O., 2023AP1305, 1307 & 1308, 5/8/24, District II (one-judge decision; ineligible for publication); case activity
In yet another TPR case involving allegations of ineffective assistance, COA affirms based on hard-to-overcome legal standards.
Despite serious criticisms of doctor’s testimony, COA affirms 51 extension and involuntary med orders given contents of report
Brown County v. R.J.M., 2024AP206, 5/7/24, District II (one-judge decision; ineligible for publication); case activity
Despite the doctor’s imprecise and generic testimony, COA holds that admission of his report resolves any deficiencies in the record and affirms.
COA issues published decision interpreting 971.365(1)(b) and rejects arguments for plea withdrawal
State v. Cordiaral F. West, 2022AP2196, 5/1/24, District II (recommended for publication); case activity
COA interprets a statute allowing aggregation of separate drug offenses into a single charge and holds that West is not entitled to plea withdrawal.
March and April 2024 Publication Orders
In March, the court of appeals ordered the publication of two criminal law related decisions. In April, the court ordered the publication of one such decision.
Defense Win! COA reverses $40,000 restitution order as sanction for state’s abandonment of appeal
State v. Paul R. Noble, 2023AP1444-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity
While Noble’s arguments on appeal appear to have substantial merit, the court of appeals declines to address the merits because the state abandoned the appeal and thereby conceded that “Noble’s arguments are correct.”
Defense Win! Circuit court’s failure to “personally ascertain” factual basis for pleas entitles defendant to Bangert hearing
State v. Megan E. Zeien, 2023AP1787-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity
If you’ve ever wondered whether you have a Bangert claim concerning a circuit court’s failure to “ascertain personally whether a factual basis exists to support [your client’s] plea,” this unpublished but citable decision is worth a read. Unfortunately, the decision is a bit unclear about how exactly the state may seek to establish that Zeien’s pleas were knowing, intelligent, and voluntary at an evidentiary hearing. See Op., ¶¶19, 22.
In big defense win, COA holds that 46 month delay was a violation of defendant’s constitutional right to a speedy trial
State v. Luis A. Ramirez, 2022AP959-CR, 4/25/24, District IV (recommended for publication); petition for review granted 10/7/24, reversed 6/27/25 case activity
In a must-read defense win, COA holds that the State’s “cavalier disregard” for Ramirez’s speedy trial rights entitle him to dismissal of the underlying complaint.
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.