On Point blog, page 3 of 214
August and September 2024 COA Publication Orders
In August and September, COA released a number of published decisions:
In HUGE defense win, COA emphasizes that obtaining an involuntary med order is no walk in the park for the State
State v. J.D.B., 2023AP715-CR, 9/10/24, District I (recommended for publication); petition for review granted, 2/12/25 case activity
In a recommended-for-publication decision, COA wholly endorses all of J.D.B.’s arguments requiring a high burden of proof when the State seeks an involuntary medication order in order to render a defendant competent to stand trial. Along the way, COA offers a bevy of helpful holdings that are also applicable outside of this highly-specialized practiced area.
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.
Publication Orders of COA
In May, June and July COA released a number of published decisions:
COA finds portions of juvenile suspect’s statements during marathon interrogation involuntary due to coercive interrogation techniques, but juvenile was not in custody for Miranda purposes; circuit court’s order suppressing all statements affirmed in part and reversed in part.
State v. Kruckenberg Anderson, 2023AP396-CR, 7/25/24, District IV (recommended for publication); case activity
The tragic death of a newborn baby in the bucolic countryside of southwest Wisconsin prompted aggressive interrogation techniques by law enforcement that the Court of Appeals considered coercive in light of the suspect’s age of 16. But the court found that a reasonable 16-year old would have felt free to leave when the police told him repeatedly he was not under arrest and did not have to answer questions; law enforcement therefore did not have to advise the suspect of his Miranda rights. The COA affirmed in part and reversed in part the circuit court’s order suppressing the defendant’s statements.
Defense Win! Advancement in PTSD treatment is a “new factor” for sentence modification
State v. Robert M. Schueller, 2023AP1755-CR, 6/20/24, District IV (recommended for publication); case activity
In a decision recommended for publication, the court of appeals holds that advances in PTSD treatment constitute a new factor, where the sentencing court expressly relied on its understanding that Schueller’s PTSD was uncurable in determining his risk to the public and the term of his incarceration.
DOJ’s decision to deny application for firearm affirmed where applicant’s misdemeanor crime of domestic violence was expunged.
Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, 6/4/24, District III (recommended for publication); petition for review granted 11/12/24; dismissed as improvidently granted 6/24/25 case activity
Court of Appeals affirms circuit court’s order affirming DOJ’s decision to deny applicant’s request to purchase firearm after applicant’s conviction for a misdemeanor crime of domestic violence was expunged.
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.
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.