On Point

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.

State v. Jacob Richard Beyer, 2022AP2051, 1/11/24, District 4 (not recommended for publication); case activity (including briefs)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.