On Point: H. Ch. 946: Against gov't/admin

State v. Kimberly D. Zapata, 2025AP425-CR, 5/12/26, District I (recommended for publication); case activity

The Deputy Director of the City of Milwaukee Election Commission was convicted at trial of election fraud and misconduct in public office after she had fictitious military absentee ballots sent to a state legislator to publicize the potential for election fraud with such ballots.  In a decision recommended for publication, the COA affirmed her convictions because the evidence was sufficient for the jury to find she “obtained” the ballots for purposes of election fraud and acted in her public capacity.

State v. Kyle R. Appel, 2023AP2083-CR, 2/17/26, District III (ineligible for publication); case activity

Applying a standard of review exceptionally deferential to a jury’s decision to convict, COA distinguishes Appel’s proffered authority and affirms.

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.

State v. Allan Nathan Carroll, Jr. A/K/A/ U’si Ch-ab, 2023AP870, 3/20/24, District 2 (one-judge appeal; ineligible for publication); case activity

Carroll, Jr., a.k.a. Ch-ab, pro se, appeals a jury verdict convicting him of resisting or obstructing an officer. Ch-ab raises two claims on appeal: (1) that his constitutional rights were violated during a traffic stop that led to his arrest and conviction and (2) that his “status as an ‘Indigenous Aborigine American’ relieved him of the obligation to comply with Wisconsin law requiring that motor vehicles operating on Wisconsin roads be registered and display license plates.” The court rejects his arguments on appeal and affirms.

State v. Aaron L. Jacobs, 2022AP658-659, 2022AP661-663, 9/19/23, District 3 (recommended for publication); case activity (including briefs)

The key takeaway from this soon to be published court of appeals decision may seem obvious and inarguable, but as we’ll see below, the state pursued and the circuit court blessed what would have been a massive expansion of the most commonly charged crime in the state of Wisconsin: bail jumping.

State v. Jeffrey S. Clemons, 2020AP1450-CR, 9/6/23, District III (one-judge decision; ineligible for publication); case activity (briefs not available).

Applying an almost-insurmountable standard of review, COA concludes there was sufficient evidence to support the circuit court’s finding that Clemons violated an obstructing ordinance.

State v. Kody R. Kohn, 2020AP2147-CR, District 2, 9/22/21 (one-judge decision; ineligible for publication); case activity (including briefs)

Kohn argues the circuit court erred in: 1) denying his motion to suppress evidence obtained from the blood drawn from him after his arrest; 2) excluding exhibits he wanted to use to cross examine the state’s blood analyst; and 3) rejecting his motion to dismiss a bail jumping charge. The court of appeals affirms all the circuit court’s decisions.

State v. Corey Stauner, 2019AP81-CR, District 3, 3/10/20, (1-judge opinion, ineligible for publication); case activity (including briefs)

This seems wrong. The State charged Stauner with resisting an officer and bail jumping for committing that crime. The jury acquitted him of resisting an officer but found him guilty of bail jumping. The court of appeals recognized that the 2 verdicts were inconsistent, but said that this result was permissible pursuant to State v. Rice, 2008 WI App 10, 307 Wis. 2d 335, 743 N.W.2d 517 (2007).

State v. Melodie Cheree Taylor, 2018AP1953-CR, 2/14/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

In a misdemeanor prosecution under §946.49(1)(a) is the State required to prove that, before jumping bail, the defendant had been charged with a misdemeanor? Or may the State simply prove that the defendant had been released from custody under 969 after an arrest for a misdemeanor?

State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs)

Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions.