On Point

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.

State v. Ramirez, 2022AP959, petition for review of a published court of appeals decision, granted 10/7/24; reversed 6/27/25 case activity (including briefs)

In a case involving what we labeled as a “big” defense win, SCOW accepts the State’s petition for review asking for clarification of the law pertaining to constitutional speedy trial violations.

Waushara County DHS v. A.M.S., 2024AP730-733, District IV, 10/3/24 (one-judge decision; ineligible for publication); case activity

In a dense and fact-specific opinion, COA rejects A.M.S.’s attempts to argue that she was precluded from presenting relevant evidence at her TPR trial and affirms.

State v. N.K.B., 2023AP722-CR, 10/1/24, District I (recommended for publication); petition for review granted, 2/12/25 case activity

N.K.B. (referred to as Naomi) was found incompetent to proceed on her criminal charges.  The circuit court authorized involuntarily administering medication to Naomi because she was dangerous.  Naomi argued on appeal that the circuit court did not have authority to authorize involuntarily medicating her based only on dangerousness.  In a recommended-for-publication decision, the COA vacated the circuit court’s order authorizing involuntary medication: “Defendants committed under § 971.14 cannot be involuntarily medicated based on dangerousness absent the commencement of proceedings under ch. 51 or some other statute that authorizes involuntary medication based on the defendant’s dangerousness.”  (¶ 20).

In August and September, COA released a number of published decisions:

State v. A.M.Y., 2024AP1162, 9/26/24, District 4 (one-judge decision, ineligible for publication); case activity

A.M.Y. appealed the TPR order related to her daughter, Y.R.C.Y., arguing that the circuit court erroneously exercised its discretion by granting default judgment against her as to grounds for termination. The COA agrees, as the circuit court failed to take evidence sufficient to show that grounds for termination existed prior to granting default judgment, and the state fails to show the error was harmless.

State v. Sharpe, 2021AP1543 & 2022AP307, 9/24/24, District III (one-judge decision; ineligible for publication); case activity here and here

COA determines defendant arrested for OWI did not meet burden to show that he was unable to make knowing and intelligent choice about submitting to breath test when officers misinformed him that he would be charged with a first-offense OWI.  COA rejects facial and as-applied challenge to IID statute based on Dormant Commerce Clause.

State v. Albert A. Terhune, 2023AP353, 9/19/24, District IV (1-judge decision, ineligible for publication); case activity

In a somewhat complicated OWI appeal, COA ultimately affirms under well-settled legal standards.

A.M.D. v. G.R.B., Jr., 2024AP1071, District II, 9/18/24 (one-judge decision; ineligible for publication); case activity

G.R.B. (“Bartel”) appeals an order terminating his parental rights, raising a medley of challenges. Although COA acknowledges that its prior precedent sent “mixed signals” to litigants on at least one of the issues, it ultimately rejects all of G.R.B.’s arguments and affirms.

Christopher Roalson v. Jon Noble, No. 22-2833, 8/28/24

The Seventh Circuit affirms an order denying habeas relief, applying pre-Smith law on the confrontation clause, as the underlying WI COA decision dates back to 2014. The Court concludes that the rule the COA applied–“one expert cannot act as a mere conduit for the opinion of another” and must instead “render[] her own expert opinion”–did not contradict Melendez-Diaz or Bullcoming, the established precedent at the time.