On Point blog, page 10 of 790

COA affirms order authorizing involuntary medication under ch. 51 where, contrary to the evidence, appellant denies mental illness.

Dane County v. M.A.A., 2024AP1589, 12/27/24, District IV (one-judge decision; ineligible for publication); case activity

The Court of Appeals affirmed the circuit court’s order authorizing involuntarily administering medication to M.A.A. in light of evidence that M.A.A. denies he has a mental illness.

COA holds that testimony of treating psychiatrist cured any flaws in treatment plan and rejects challenges to involuntary medication order

State v. D.E.C., 2024AP1789-CR & 2024AP1799-CR, 12/27/24, District IV (recommended for publication); case activity

In yet another published decision pertaining to an involuntary medication order entered in conjunction with pretrial competency proceedings, COA holds that the testimony of a treating psychiatrist, in conjunction with the proposed treatment plan, was legally sufficient and affirms the order for treatment.

COA affirms juvenile delinquency order in sufficiency challenge

State v. D.Y., 2024AP710, 12/26/24, District I (1-judge decision, ineligible for publication); case activity

“Daniel” appeals from the circuit court’s order adjudicating him as a juvenile delinquent, on the basis of a second-degree sexual assault of a child offense. (¶1). He contends that the state failed to prove the intent element, specifically, sexual gratification or arousal from the contact. (¶10). The COA concludes that there was sufficient evidence to support the court’s decision and affirms.

COA: Driver passed out in car not seized or subjected to custodial interrogation after police knocked on window to investigate.

State v. Lavelle Edgar Young, 2024AP470, 12/26/24, District I (one-judge decision; ineligible for publication); case activity

The Court of Appeals affirmed the circuit court’s order denying Lavelle Young’s motion to suppress physical evidence and his statements when an officer knocked on the window of his vehicle after observing Young sleeping in the driver’s seat of the vehicle.  The Court held that Young was not seized and was not in custody when he was questioned by police.

COA holds that circuit court erroneously permitted defendant to represent themselves at a competency hearing

State v. L.J.T., Jr., 2024AP1877-CR, 12/12/24, District IV (one-judge decision; ineligible for publication); case activity

In a very unique appeal arising from pretrial competency proceedings, COA holds that the defendant was not competent to exercise the right of self-representation and reverses for a new hearing.

COA: Circuit court may use defendant’s federal disability payments to assess ability to pay restitution.

State v. Eric J. Joling, 2023AP1023-CR, 12/11/24, District II (recommended for publication); case activity

Federal law prohibits subjecting social security disability insurance payments (SSDI) to “execution, levy, attachment, garnishment, or other legal process.”  42 U.S.C. § 407(a).  In a decision recommended for publication, the Court of Appeals held that a circuit court may nevertheless use a defendant’s SSDI payments to calculate the ability to pay restitution. 

COA holds that County sufficiently proved dangerousness in Chapter 51 extension hearing

Trempealeau County v. R.B., 2024AP1052, 12/10/24, District III (one-judge decision; ineligible for publication); case activity

COA affirms, holding that the evidence of potential deterioration during commitment period justified extension order.

SCOW grants review in interesting OWI involving domestic violence victim

State v. Joan L. Stetzer, 2023AP874-CR, petition for review of an unpublished court of appeals decision, granted 12/10/24; affirmed 7/3/25 case activity

In an interesting case asking the justices to probe the competing interests at stake when a victim becomes a criminal defendant, SCOW will be given an opportunity to assess Wisconsin’s coercion defense under some very unique facts.

Defense win! COA affirms suppression of evidence, concluding officer lacked reasonable suspicion for traffic stop

City of Platteville v. Travis Jon Knautz, 2024AP1291 & 1292, 12/5/24, District IV (1-judge decision, ineligible for publication); case activity

In this drunk driving forfeiture case, the city appeals an order granting Knautz’s motion to suppress all of the evidence that police obtained after an investigatory traffic stop. The COA affirms, concluding that the city failed to show that there was reasonable suspicion for the stop.

COA holds that funeral costs are recoverable as part of a restitution order in connection with a juvenile disposition order

State v. Q.D.R., 2024AP1067, 12/3/24, District I (one-judge decision; ineligible for publication); case activity

In a matter of first impression, COA rejects Q.D.R.’s statutory construction arguments and holds that funeral costs are recoverable under the juvenile restitution statute.