On Point: 46. WI Court of Appeals

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mental commitment, COA refuses N.A.L.’s invitation to issue a precedential opinion and affirms based largely on a prior unpublished decision.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.

Waupaca County v. A.L.H., 2024AP1526, 1/30/25, District IV (1-judge decision, ineligible for publication); case activity

While many litigators may have believed the issue of a remedy for a D.J.W. violation had been clarified by SCOW, COA holds that recent precedent does not preclude a circuit court from making the required findings during postconviction proceedings.

City of Rhinelander v. Zachary Tyler LaFave-LaCrosse, 2020AP1120 & 1121, 1/7/25, District III (one-judge decision; ineligible for publication); case activity

LaCrosse appeals pro se from the circuit court judgments, entered after a bench trial, convicting him of first-offense operating a motor vehicle while intoxicated (OWI) and refusing to submit to a chemical test for intoxication. COA rejects all his arguments and affirms.

State v. Cordero D. Coleman, 2023AP2414-CR, 12/27/24, District IV (recommended for publication), case activity

COA holds that a 32-month delay in trying Coleman did not violate his constitutional right to a speedy trial where the COVID-19 pandemic was the primary cause of the delay. In doing so, COA identifies a new category of reasons for state-attributed delay, “which encompasses those delays that are caused by a reasonable government response to a legitimate public emergency” and holds such delays should not be weighed against the state. (¶56).

Price County v. C.N.S., 2024AP853, District III, 1/22/25 (one-judge decision; ineligible for publication); case activity

Appellant CNS wins a battle but loses the war as the COA affirms the circuit court’s order extending her commitment under Ch. 51, but reverses order authorizing involuntary medication.  The Court clarified that a circuit court meets D.J.W.’s requirement to make a specific factual finding with reference to the subparagraph of Wis. Stat. § 51.20(1)(a)2. on which the recommitment is based if the circuit court’s oral ruling referred to the wording of the statute, even if the court did not cite the specific subparagraph.

State v. T.D.V., 2024AP2057-FT, 1/22/25, District II (ineligible for publication); case activity

The State fails to adequately respond to T.D.V.’s argument that his substitution request was improperly denied, so COA remands the matter for a new trial.