On Point: Pending in SCOW

Sheboygan County v. N.A.L., 2024AP1195, petition for review of an unpublished decision of the court of appeals, granted 5/122/25; case activity

In yet another interesting Chapter 51 appeal, SCOW signals its willingness to resolve whether a colloquy is required before accepting a stipulation to an involuntary mental commitment order (and accompanying involuntary med order)–an issue which has recurred since 2005.

State v. Gasper, 2023AP2319, petition for review of a published decision of the court of appeals, granted 3/13/25; case activity

State v. Rauch Sharak., 2024AP469-CR, accepting review of a certification, granted 3/13/25; case activity

State v. K.R.C., 2023AP2102, petition for review of an unpublished decision of the court of appeals, granted 3/13/25; case activity

In a case that could prove consequential for the rights of juveniles in schools policed by “school resource officers,” SCOW accepts review of a case taking direct aim at the court of appeals’ reading of the “reasonable person” standard in constitutional law.

State v. N.K.B., 2023AP722-CR, petition for review of a published decision of the court of appeals, granted 2/12/25; case activity

In yet another involuntary med appeal arising from pretrial competency proceedings, SCOW is asked to clarify whether dangerousness alone is a sufficient basis on which to order involuntary medication.

State v. J.D.B., 2023AP715-CR, petition for review of a published decision of the court of appeals, granted 2/12/25; case activity

In a case that promises to have broad repercussions for how involuntary medication hearings are conducted under § 971.14(5)(am). , SCOW agrees to review a case we termed a “HUGE” defense win.

State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, petition for review of a per curiam court of appeals decision, granted 11/12/24; affirmed 7/3/25; case activity (including briefs)

The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and Sellers asked the COA to affirm DHA’s original decision not to revoke Sellers’s probation. The COA agreed with DHA and Sellers, reversing the circuit court’s order and affirming DHA’s decision not to revoke Sellers’s probation. DOC petitioned for review.

State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; reversed 6/13/25; case activity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.

State v. McAdory, 2023AP645-CR, petition for review of a published court of appeals decision, granted 10/7/24; case activity (including briefs)

In a case with potential ramifications for future OWI appeals, SCOW has opened yet another chapter in this ongoing appellate saga.