On Point blog, page 4 of 262
COA holds that warrantless entry to home, authorized by young child, did not violate defendant’s Fourth Amendment rights
State v. Peter J. Long, 2024AP1249-CR, 5/28/25, District II (not recommended for publication); case activity
While Long’s appeal presents some superficially interesting legal issues, ultimately COA’s dereference to the circuit court’s underlying factual findings govern the outcome here.
Defense Win: No causal nexus for restitution based on charges of harboring or aiding a felon
State v. Daecorion J. Robinson, 2022AP2087-CR, 5/28/25, District I (not recommended for publication); case activity
In a rare “causal nexus” win, 2 judges in D1 agree that the circuit court’s order was infirm. Under the text of the restitution statute, Robinson’s aiding a felon does not make him liable for the consequences of that felon’s underlying criminal conduct.
Defense Win: COA orders resentencing before a different judge where State breached plea agreement and trial counsel did not advise defendant of all potential remedies.
State v. Donaven C. Sprague, 2022AP876-CR, 5/20/25, District III (not recommended for publication), case activity
In the second defense win this week on appeal from a Barron County conviction (see Wooldridge), the COA vacated Donaven Sprague’s sentence to 10 years of initial confinement for repeated sexual assault of a child because the State breached its plea agreement to recommend no more than 5 years of initial confinement and did not cure the breach. The Court also found that Sprague received ineffective assistance of counsel because trial counsel did not inform him that resentencing before a different judge was a remedy for the State’s breach. The Court remanded the case directing the circuit court to schedule a resentencing for Sprague before a different judge.
COA affirms TPR plea, holds circuit court not required to pause after explaining each right
State of Wisconsin v. F.S.-E., 2054AP10, District I, 5/20/25 (one-judge decision; ineligible for publication); case activity
The COA rejects F.S.-E.’s claim that he is entitled to an evidentiary hearing to determine whether his no contest plea was knowingly, intelligently, and voluntarily made. It holds that there is no requirement that the circuit court pause after explaining each right during the plea colloquy to inquire as to F.S.-E.’s understand of that particular right.
Defense Wins: COA finds insufficient evidence to support guilty verdict for possessing methamphetamine.
State v. Kelsy R. Wooldridge, 2022AP1927-CR, 5/20/25, District III (not recommended for publication), case activity
In a decision not recommended for publication, the COA reversed Kelsy Wooldridge’s conviction for possessing methamphetamine and found that no reasonable jury could have determined beyond a reasonable doubt that she knew a bloody syringe seized from her purse contained an unmeasurable amount of the drug.
COA rejects numerous IAC claims, affirms jury verdict in TPR appeal
Marathon County v. S.S., 2024AP1866, 5/8/25, District III (1-judge decision, ineligible for publication); case activity
“Sean” appeals orders of the circuit court terminating his parental rights to his daughter, “Zoey,” and denying his motion for postdisposition relief. He argues that he was denied effective assistance of counsel in four respects during the grounds trial, and that he was prejudiced by the individual and cumulative effects of counsel’s deficient performance. COA rejects Sean’s first two IAC claims and concludes that he failed to establish prejudice.
COA upholds statute prohibiting possession of a firearm while intoxicated despite State’s failure to adequately litigate matter in circuit court
State v. Bernabe Gonzalez, 2024AP358-CR, 5/6/25, District I (1-judge decision, ineligible for publication); case activity
In what we believe is COA’s first foray into the vexing world of firearm regulation post-Bruen and Rahimi, COA holds that Wisconsin’s statute prohibiting intoxicated persons from “going armed” passes muster under an originalist legal analysis.
COA finds preserving electric vehicle’s battery no defense for driving too slowly on the expressway.
State v. Colin R. Dowling, 2024AP524, 5/1/25, District IV (1-judge decision, ineligible for publication); case activity
The COA found sufficient evidence to sustain Colin Dowling’s civil forfeiture obligation for impeding traffic by driving at a slow speed. Although Dowling argued that there were no reasonable alternatives to slowing down his Tesla to preserve its battery, the COA concluded contacting roadside assistance was a safer alternative than driving 45 miles per hour on an interstate highway where the speed limit was 70.
COA affirms recommitment and involuntary medication orders over sufficiency and hearsay challenges in detailed discussion
Fond du Lac County v. D.P.E., 2025AP66-FT, 4/30/25, District II (1-judge decision, ineligible for publication); case activity
COA affirms the circuit court’s orders recommitting D.P.E. (referred to as “Donald”) and authorizing the involuntarily administration of medication. Donald argued on appeal that the county did not present sufficient evidence to establish dangerousness and failed to meet its burden to prove he was not competent to refuse medication.
Defense wins sufficiency of evidence claim in COA after trial for possessing intoxicating liquor without a license.
State v. Kimberly D. Rowe, 2022AP2122-CR, 4/22/25, District III (1-judge decision, ineligible for publication); case activity
The COA considered when a collection of liquor bottles behind the counter of what appeared to be a bar becomes “intoxicating liquor” for which a license is required to possess for intended sales. Because the State did not prove the identity of the liquid in the bottles or submit the liquid for chemical testing, the COA reversed Kimberly Rowe’s conviction for possessing intoxicating liquor with intent to sell without a license or permit, contrary to Wis. Stat. § 125.66(1).