On Point: C. Unpublished Opinions

Washington County v. T.R.Z., 2024AP21, District II, 6/19/24 (one-judge decision; ineligible for publication); case activity

Although “Tim’s” appeal presents several issues for review, COA dismisses the appeal as moot given the existence of an intervening Watts review.

Village of Butler v. Brandon J. Hernandez, 2023AP1707, 6/19/24, District II (one-judge appeal; ineligible for publication); case activity

Hernandez challenges the circuit court’s finding that he improperly refused to submit to a OWI blood draw, arguing that he consented. The court of appeals rejects his argument, concluding that the circuit court’s finding was not clearly erroneous.

State v. Reynaldo Rosalez, 2022AP1929-CR, 6/11/24, District I (not recommended for publication); case activity

In a case illustrating the stringent standard of review used to assess findings of fact, COA dispatches with Rosalez’s claim that his lawyer failed to discuss a defense related to his alleged medication-induced amnesia.

Marathon County v. N.R.P., 2023AP638, 6/11/24, District III (one-judge decision; ineligible for publication); case activity

In yet another Chapter 51 reversal, COA finds fault with both the circuit court’s decision to admit and rely on hearsay evidence and its failure to make the required findings.

Winnebago County v. Thomas J. Roberts, 2023AP1808, District II, 6/12/24 (one-judge decision; ineligible for publication); case activity

In a rare appeal of a conviction for speeding, COA easily dispatches Roberts’s arguments given the deferential standard of review for findings of fact.

State v. Joseph S. Schenian, 2023AP2017-CR, 6/5/24, District II (1-judge decision, ineligible for publication); case activity

Despite Schenian’s best efforts to do away with a damaging PBT result, COA rejects his arguments and affirms.

City of Hartford v. Edward H. White, 2023AP1813 & 2023AP1814, 6/5/24, District II (1-judge decision, ineligible for publication); case activity

Although White tries to argue that he was under an unconstitutional constructive arrest when initially seized for suspicion of an OWI offense, COA finds his arguments unavailing and affirms.

State v. Les Paul Henderson, 2023AP2079-CR, 5/31/24, District IV (not recommended for publication); case activity

Although Henderson fails to persuade COA that a JOC making him eligible for early release programming controls, he does live to fight another day given COA’s order that he receive a hearing at which time the circuit court will have to exercise its discretion to determine his eligibility.

State v. E.S., 2024AP395 & 396, 5/21/24, District I (one-judge decision; ineligible for publication); case activity

E.S. (“Emily”) challenges the sufficiency of the evidence supporting the circuit court’s finding that her children did not have a substantial relationship with her and that they were too young to express their wishes. The court of appeals affirms after reviewing the record and concluding that the circuit court properly exercised its discretion by considering the statutorily required disposition factors and reaching a decision that a reasonable judge could reach Op., ¶26.

Town of Dunn v. Brian S. LaFleur, 2023AP1529-1531, 5/23/24, District IV (1-judge opinion, not eligible for publication); case activity

LaFleur was stopped after driving on a road that was marked “closed to through traffic” because his vehicle was registered to an address outside of the area. After the circuit court granted LaFleur’s motion to suppress, the Town appealed. The court of appeals affirms and agrees with the circuit court that the Town’s position would “impose too great of a burden on the Fourth Amendment rights” of non-local drivers using a road closed to through traffic for lawful purposes. Op., ¶16.