On Point blog, page 1 of 1
In 5-1-1 decision, SCOW affirms COA decision rejecting domestic violence victim’s invocation of coercion defense
State v. Joan L. Stetzer, 2025 WI 34, 7/3/25, affirming an unpublished decision from COA; case activity
Faced with a unique fact pattern arising from an OWI prosecution, SCOW interprets Wisconsin’s coercion defense and finds that Stetzer is unable to prevail, regardless of the clearly sympathetic facts presented.
COA affirms denial of motion to dismiss for state’s failure to preserve video evidence
State v. Jeffrey A. Roth, 2024AP737, 12/11/24, District II (1-judge decision, ineligible for publication); case activity
Three police officers confronted Roth after receiving a complaint that he was stumbling around and then sitting in a vehicle. The state charged Roth with five counts, including resisting. Before his jury trial, which resulted in two misdemeanor convictions, Roth moved to dismiss based on the police officers’ failure to preserve body and squad camera footage of the underlying incident. After a three-day evidentiary hearing, the circuit court denied the motion. The COA affirms, concluding that Roth failed to prove the videos were apparently exculpatory, or that the police acted in bad faith.
COA says lawyer not ineffective for not asserting self-defense in DC
State v. Michael Ross Straight, 2022AP2012, 8/24/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
A woman identified as “A.B.” got out of her car and approached Straight with a machete. Straight, fearing for his life, grabbed A.B., knocked her to the ground, and took the machete from her. He then straddled A.B. with the point of the machete pointing toward her. A friend on scene yelled at Straight; Straight replied “what are you going to do about it?” Then he got up, dropped the machete, and walked away. A.B. departed in her car with the machete.
Error in jury instruction on substantive crime was waived and not prejudicial, but Machner hearing required on handling of self defense issue
State v. Theophilous Ruffin, 2019AP1046-CR, District 1, 3/9/21 (not recommended for publication), state’s petition for review granted 9/17/21; reversed, 2022 WI 34; case activity (including briefs)
Ruffin raises three challenges to how the jury was instructed at his trial. Two are rejected in all respects, but one—regarding trial counsel’s decision to withdraw a self defense instruction—gets him a Machner hearing.
Court of appeals affirms circuit court’s fabrication of “oh shit” moment in speeding case
State v. Chris K. Feller, 2019AP318, 11/27/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)
This appeal poses an interesting question of law: whether the justification defense available in certain civil forfeiture actions applies where a driver exceeds the speed limit in order to get away from another driver who is dangerously tailgating him on the freeway. See State v. Brown, 107 Wis. 2d 44, 318 N.W.2d 370. The court of appeals contorts the undisputed facts in order to duck the issue.