On Point blog, page 1 of 2
SCOW affirms circuit court’s authority to reinstate previously dismissed conviction under 346.63(1)
State v. Carl L. McAdory, 2025 WI 30, 7/1/25, case activity
A unanimous SCOW held that the circuit court had authority under Wis. Stat. 346.63(1)(c) to reinstate Carl McAdory’s conviction for operating a vehicle with a restricted controlled substance in his blood, which was dismissed when he was also convicted of operating a motor vehicle under the influence of a controlled substance that arose out of the same incident or occurrence, after the OWI conviction was vacated on appeal. The Court also rejected McAdory’s claims that the State forfeited the right to seek reinstatement by not raising the issue on his appeal from his OWI conviction, that the circuit court did not comply with the COA’s mandate, and that he was subjected to double jeopardy.
The concurring opinion, written by Justice Ziegler and joined by Justice Bradley, would have overruled SCOW and COA precedents establishing that the circuit court must dismiss all but one of the convictions when a defendant is tried and found guilty of multiple offenses under § 346.63(1) that arise out of the same incident or occurrence.
COA: Sufficient evidence to request blood draw independent from defendant’s compelled statements; defendant’s IAC claims were conclusory and undeveloped.
State v. Nicholas J. Nero, 2023AP543, District III, 6/10/25 (one-judge decision; ineligible for publication); case activity
The COA found that law enforcement had probable cause that Nicholas Nero was driving under the influence, independent from his compelled statement to his probation officer and un-Mirandized statement to a deputy sheriff, and therefore affirmed the circuit court’s order denying his motion to suppress the results of his blood draw. The COA also found that Nero’s claims for ineffective assistance of counsel at trial were conclusory and undeveloped.
Defense Win: COA holds that circuit court wrongly limited defendant’s testimony; holds error is not harmless
State v. Derek J. Jarvi 2023AP2136-CR, 6/12/25, District IV (not recommended for publication); case activity
Despite the State’s efforts to overturn Jarvi’s postconviction win of a new trial, the court of appeals rejects the State’s evidentiary arguments and holds that it failed to prove harmless error in this case.
Using umbrella for a snow shovel arouses suspicion of intoxication; COA affirms conviction for operating with prohibited alcohol concentration and refusing PBT.
City of Monona v. Erick J. Erickson, 2024AP312, District IV, 5/30/25 (one-judge decision; ineligible for publication); case activity
The COA affirmed Erick J. Erickson’s conviction following a bench trial for operating with a prohibited alcohol concentration and revocation of his operating privileges because he unreasonably refused to submit to a preliminary breath test (PBT). COA found that the circuit court correctly denied Erickson’s motion to suppress because police had probable cause to request the PBT and probable cause to arrest Erickson.
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 holds that 911 call created “emergency” justifying warrantless entry into home
State v. Ryan D. Wilkie, 2022AP730-CR, 3/11/25, District III (1-judge decision, ineligible for publication); case activity
COA rejects Wilkie’s interesting constitutional arguments regarding the authority of law enforcement to enter his home without a warrant and affirms his conviction for obstructing an officer.
COA reverses order dismissing charge for failing to register as sex offender; defendant required to register when cir. ct. ordered registration at sentencing after revocation of probation, even though registration not required when defendant placed on probation.
State v. Kayden Young, 2021AP1596-CR, 10/29/24, District III (recommended for publication); case activity
In a case recommended for publication, the Court of Appeals reversed the circuit court’s order dismissing the charge against Kayden Young for failing to comply with the sex offender registration requirements. Where the circuit court did not require Young to register as a sex offender when it placed him on probation, but required registration when it sentenced him after revocation of probation, “that latter order controls the defendant’s requirement to comply with sex offender registration.” (¶ 22).
COA rejects novel discovery claim and other challenges to child pornography conviction
State v. Jacob Richard Beyer, 2022AP2051, 1/11/24, District 4 (not recommended for publication); case activity (including briefs)
Although Beyer labors mightily at conjuring up legal arguments for reversal, COA is uniformly unpersuaded and unimpressed by his arguments and affirms.
Court of Appeals: Aiding buyer in drug sale can lead to Len Bias liability because it also aided dealer
State v. Terry L. Hibbard, 2022 WI App 53; case activity (including briefs)
In a decision that allows for a sweeping expansion of aiding and abetting prosecutions in Len Bias cases, the court of appeals holds that a person assisting only a buyer a drug transaction could also be prosecuted for reckless homicide if the buyer dies from using the drug because any act aiding the buyer in getting the drugs also necessarily aids the seller in making the delivery.
SCOW: Disorderly conduct is not a “misdemeanor crime of domestic violence” that precludes granting a CCW license
Daniel Doubek v. Joshua Kaul, 2022 WI 31, 5/20/22, on certification from the court of appeals; case activity (including briefs)
A person convicted of a “misdemeanor crime of domestic violence” as defined under federal law, 18 U.S.C. § 921(a)(33)(A), is barred from possessing a gun under federal law and, therefore, from getting a license to carry a concealed weapon in Wisconsin, § 175.60(3)(b). A unanimous supreme court holds that a violation of § 947.01(1) is not a misdemeanor crime of domestic violence.