On Point: 46. WI Court of Appeals

State v. Jeffrey S. Clemons, 2020AP1450-CR, 9/6/23, District III (one-judge decision; ineligible for publication); case activity (briefs not available).

Applying an almost-insurmountable standard of review, COA concludes there was sufficient evidence to support the circuit court’s finding that Clemons violated an obstructing ordinance.

Waukesha County DHHS v. M.S., 2022AP2065, District 2, 9/6/23 (one-judge decision; ineligible for publication); case activity (briefs not available)

M.S. (“Martin”) spent nearly 22 years committed under Chapter 51. In 2021, the county switched course and sought and received a permanent guardianship and protective placement under Chapters 54 and 55. Martin challenged whether he was a proper subject for protective placement, relying “quite heavily” on Fond du Lac County v. Helen E.F., 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179. The court of appeals refers to Martin’s argument as a “red herring” and affirms, holding that the county met its burden to prove Martin was a proper subject for protective placement under Chapter 55. (Op., ¶6).

Price County v. C.W., 2023AP18-FT, District III, 9/6/23 (one-judge decision; ineligible for publication); case activity

Under the specific facts of this case, COA holds that the County was not required to call a medical expert at “Clara’s” protective placement hearing and affirms.

State v. Michael A. Wilson, 2022AP1099, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available)

Despite some procedural quirks, the Court of Appeals wastes no time in affirming what turns out to be a relatively straightforward refusal conviction.

State v. William J. Buffo, 2023AP302 & 2023AP303, 8/31/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

This pro se appeal stems from two criminal cases, but the opinion concerns an order from the circuit court that set “parameters for Buffo’s future filings.” In short, the circuit court entered an order that barred Buffo from filing any further motions and required any potentially “legally-valid” postconviction motions to be screened by a “Dane County judge” before any filing from Buffo would be accepted. While noting that it could dismiss Buffo’s arguments on appeal as undeveloped, the court reaches the merits and upholds the circuit court’s order.

Winnebago County v. W.I., 2022AP2095, 08/30/2023, District 2 (1-judge opinion, ineligible for publication); case activity

In addition to the two court ordered psycholigical examinations required under § 51.20(9)(a)1., subdivision 3 provides individual’s subject to potential involuntary civil commitment “a right” to an additional psychological examination. See Wis. Stat. § 51.20(9)(a)3. If requested, the cost of the examination is either (1) at the individual’s expense  or (2) “if indigent and with approval of the court hearing the petition, at the reasonable expense of the individual’s county of legal residence…” As a matter of first impression, the court of appeals holds that individuals seeking such an evaluation must satisfy an implied and unspecified burden of proof to establish indigency before the individual may obtain an additional examination at county expense. (Op., ¶¶8-9).

State v. Kale K. Keding, 2022AP1373-CR & 2022AP1374-CR, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available)

In an eminently readable and refreshing opinion, COA methodically works through a battery of counterarguments to hold that police could not use statements Keding made after having been asked about a tissue he discarded into a wastebasket while in police custody.

State v. Roger A. Wolf, Jr., 2022AP1539, 8/24/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

An responding officer encountered Wolf, head bloodied, near a crashed motorcycle and a dead deer. Wolf said he’d been “drinking all day” but that an unidentified third person, not on scene, had been driving the bike when it hit the deer. He argues the officer lacked probable cause to perform a preliminary breath test.

State v. Michael Ross Straight, 2022AP2012, 8/24/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

A woman identified as “A.B.” got out of her car and approached Straight with a machete. Straight, fearing for his life, grabbed A.B., knocked her to the ground, and took the machete from her. He then straddled A.B. with the point of the machete pointing toward her. A friend on scene yelled at Straight; Straight replied “what are you going to do about it?” Then he got up, dropped the machete, and walked away. A.B. departed in her car with the machete.

On August 30, 2023, the court of appeals ordered publication of one criminal law related decision:

State v. Gregory L. Cundy, 2023 WI App 41 (Applying Payton rule to invalidate “Terry stop” inside home)