On Point

Winnebago County v. A.F.H., 2023AP1798, 5/1/24, District II (one-judge decision; ineligible for publication); case activity

In this chapter 51 appeal from an order for involuntary commitment and treatment, and an order denying postdisposition relief, the court of appeals affirms, concluding that even without the inadmissible hearsay, sufficient evidence existed supporting the underlying orders.

April was a busy month; we’ve tried to pull out those cases most relevant to our readers:

State v. Raymand L. Vannieuwenhoven, 2022AP882-CR, 4/30/24, District III (recommended for publication); case activity

In this appeal from a cold case a murder conviction, the court issues a decision recommended for publication holding that law enforcement lawfully seized Vannieuwenhoven’s saliva and thereafter lawfully analyzed the DNA sample created from the saliva. The fact that law enforcement used a “ruse” to trick Vannieuwenhoven into licking an envelope under the false pretense that he was completing a voluntary survey about his “general satisfaction with the Oconto County Sheriff’s Office” did not make the state’s subsequent use of the saliva or Vannieuwenhoven’s DNA unlawful. While the facts are unique, the court explains that “our caselaw supports this conclusion.” Op., ¶2.

Brown County v. R.J.M., 2024AP206, 5/7/24, District II (one-judge decision; ineligible for publication); case activity

Despite the doctor’s imprecise and generic testimony, COA holds that admission of his report resolves any deficiencies in the record and affirms.

Robert J. Pope v. Je’Leslie Taylor, No. 23-2894, 5/6/24, affirming Pope v. Kemper, 21-CV-0346 (E.D. Wis. 9/1/23)

In a refreshing defense win that cuts through the procedural weeds and directly attacks the unjust nature of Pope’s treatment by Wisconsin’s appellate courts, the Seventh Circuit wastes no time in affirming the district court’s grant of the writ of habeas corpus.

State v. Cordiaral F. West, 2022AP2196, 5/1/24, District II (recommended for publication); case activity

COA interprets a statute allowing aggregation of separate drug offenses into a single charge and holds that West is not entitled to plea withdrawal.

In March, the court of appeals ordered the publication of two criminal law related decisions. In April, the court ordered the publication of one such decision.

Racine County v. P.Z., 2024AP146-FT, 5/1/24, District II (one-judge decision; ineligible for publication); case activity

In a relatively straightforward appeal of a recommitment order, COA rejects P.Z.’s sufficiency challenges and affirms.

State v. Paul R. Noble, 2023AP1444-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity

While Noble’s arguments on appeal appear to have substantial merit, the court of appeals declines to address the merits because the state abandoned the appeal and thereby conceded that “Noble’s arguments are correct.”

We thought our readers might be interested in this in-depth report from the Milwaukee Journal Sentinel regarding the issue of obtaining diverse juries in Milwaukee County, with quotes from SPD’s Meera Al-Hanaey as well as Judges Danielle Shelton and Jonathan Richards.