On Point blog, page 5 of 216
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.
In published defense win, COA emphasizes plain text reading of judicial substitution statute
State v. Maria A. Larson, 2023AP1534-CRAC, 4/24/24, District II (recommended for publication); case activity
Larson’s frustrated attempts to request judicial substitution are finally vindicated in this published decision emphasizing a plain text reading of the statute’s straightforward legal requirements.
Successful appeal from OWI conviction leads to simple swap for RCS conviction and sentence
State v. Carl Lee McAdory, 2023AP645-CR, 4/12/24, District IV (recommended for publication); petition for review granted 10/7/24 case activity
After McAdory persuaded the court of appeals to reverse his OWI conviction and grant him a new trial, the state pulled the “old switcheroo” on McAdory by getting the circuit court to swap his previously dismissed restricted controlled substance conviction with the OWI conviction overturned by the court of appeals. Instead of a new OWI trial, McAdory was stuck with a new sentence on his previously dismissed RCS conviction. After rejecting McAdory’s challenges to the circuit court’s post-remittitur actions and his double jeopardy claims, the court of appeals affirms.
An update: Big Defense Win: COA rejects state’s attempts to apply canine “instinct exception”
State v. Ashley Jean Campbell, 2020AP1813, 3/5/24, District 3 (recommended for publication); case activity
As a matter of first impression in Wisconsin, the court of appeals holds that regardless of whether the “instinct exception” exists, “the exception does not apply under the facts in this case to excuse the State’s obligation to obtain a warrant prior to searching Campbell’s vehicle.” Op., ¶5. More specifically, the court concludes that the canine “did not instinctively enter Campbell’s vehicle because the officer had full control of the canine and implicitly encouraged it to enter through the driver’s side door.” As a result, the court reverses Campbell’s judgment of conviction and remands with directions to grant her motion to suppress.