On Point blog, page 2 of 68
COA affirms resentencing denial, holds judge’s comments about defendant’s non-criminal sexual behavior, etc. did not show objective bias
State v. Anthony J. LaRose, 2022AP647-CR, District 3, 3/25/25 (not recommended for publication); case activity (including briefs)
LaRose appeals an order denying his postconviction motion for resentencing on his conviction for first-degree sexual assault of a child, in which he claimed that the circuit court judge was biased against him based on three sets of facts. COA rejects all of LaRose’s arguments and affirms, holding that the court’s comments were related to appropriate sentencing factors and LaRose failed to establish sufficient risk of actual bias.
SCOTUS issues per curiam order clarifying that erroneous admission of prejudicial evidence can violate due process
Andrew v. White, USSC No. 23-6573 (per curiam), 1/21/25, vacating Andrew v. White, 62 F.4th 1299 (10th Cir. 2023); Scotusblog page (with links to briefs and commentary)
In a rare defense win (of sorts) on federal habeas in the US Supreme Court, SCOTUS clarifies that its decision in Payne v. Tennessee “clearly established” the rule that when “evidence is introduced that is so unduly prejudicial that it renders the trial fundamentally unfair, the Due Process Clause of the Fourteenth Amendment provides a mechanism for relief.”
SCOW grants review of defense win as to vouching
State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; reversed 6/13/25; case activity
In a case that we correctly identified as SCOW bait, SCOW accepts review of the State’s petition for review asking to modify the substantive law on vouching as applied by COA. The case is also relevant to determining what is “settled law” in assessing a claim of ineffective assistance of counsel.
COA reverses order excluding other acts evidence, holds that greater latitude rule weakens holding of Alsteen
State v. Morris V. Seaton, 2021AP1399-CR, 11/6/24, District II (recommended for publication); case activity
In a case confirming the changes wrought to other acts case law as a result of the codification of the greater latitude rule, COA reverses the circuit court’s order excluding evidence of a prior sexual assault
COA rejects pro se challenges to OWI first conviction
Village of Greendale v. Stacey King, 2023AP503, 9/17/24, District I (1-judge decision, ineligible for publication); case activity
King appeals her OWI first judgment, arguing that the statute of limitations had expired, that the circuit court based its rulings on bias against her instead of on the relevant law, and that the field sobriety test should not have been presented to the jury. The COA rejects these arguments and affirms.
COA affirms circuit court’s decision to exclude evidence at refusal hearing; although officer’s statements to defendant during traffic stop were relevant, they were inadmissible when offered through another officer without personal knowledge of statements.
State v. Rodriguez, 2024AP481, 8/14/24, District II (one-judge decision; ineligible for publication); case activity
COA affirms circuit court’s decision to exclude relevant, but inadmissible, evidence at refusal hearing because witness lacked personal knowledge.
1984 prior conviction admissible in first-degree sexual assault of a child trial under the prior conviction statute, § 904.04(2)(b)2.
State v. Kenneth W. Hill, 2022AP1718-CR, 8/6/24, District III (recommended for publication); case activity
The state appealed after the circuit court denied its motion seeking to admit Hill’s 1984 conviction from Minnesota for “criminal sexual conduct in the first degree” pursuant to Wis. Stat. § 904.04(2)(b)2. at his trials for two counts of first-degree sexual assault of a child. The court of appeals reverses and remands with directions, outlining the relevant analysis, holding that the admissible evidence includes only the fact of the conviction, not the underlying details of the prior case, and concluding that the Sullivan analysis does not apply. (¶2).
Defense Win! COA issues must-read decision outlining law regarding “vouching” in child sexual assault prosecutions
State v. Jobert L. Molde, 2021AP1346-CR, 5/21/24, District III (not recommended for publication);petition for review granted case activity
Although this defense win is unpublished and therefore nonprecedential, COA’s analysis and synthesis of the law regarding this commonly litigated issue is an important read for litigators considering such claims.
COA rejects challenges to finding of dangerousness, incompetency to refuse medication and upholds trial court’s decision to admit expert’s report at 51 hearing
Winnebago County v. C.J.H., 2023AP1263, 3/6/24, District II (one-judge decision; ineligible for publication); case activity
In a 51 appeal presenting several commonly litigated issues, COA finds no error and affirms.
COA reverses order suppressing evidence obtained after traffic stop
State v. Lauren Dannielle Peterson, 2023AP890-CR, 12/29/23, District 4 (one-judge case, ineligible for publication); case activity
Peterson’s circuit court win is short-lived after the court of appeals concludes that reasonable suspicion existed to initiate an OWI investigation and probable cause existed to ask Peterson to perform a preliminary breath test (PBT).