On Point blog, page 5 of 790

COA concludes investigative stop was valid in OWI decision recommended for publication

State v. Jody William Solom, 2024AP691-CR, 3/19/25, District II (recommended for publication), case activity

Solom appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI), sixth offense. He asserts the investigative stop was unlawful and should have been suppression. COA disagrees and affirms.

COA affirms restitution order where no evidence presented to contradict factual assertions; IAC claim forfeited if not raised in circuit court.

State v. Martha R. Elsila, 2024AP1444-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity

COA affirms restitution order on appeal challenging witness’s credibility and claiming IAC.  COA deferred to the circuit court’s credibility determination given no evidence was presented to contradict witness, and found that appellant’s IAC claim was forfeited because it was not raised in the circuit court.

SCOW clarifies that read-in offenses cannot be used to independently establish ethical violations in attorney discipline case

OLR v. Osman A. Mirza, 2023AP2369-D, February 27, 2025, (per curiam attorney discipline case)

In a disciplinary case adjacent to criminal defense practice, SCOW clarifies the impact of having charges “read-in” for purposes of an OLR proceeding.

COA holds that traffic stop did not require Miranda warnings and affirms

State v. Jeremy A. Sobotik, 2024AP1976-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity

In an appeal seeking to test the boundary between permissible traffic stop inquiries and interrogation requiring Miranda warnings, COA holds that the officer in question did not cross the constitutionally-imposed line and affirms.

COA finds evidence sufficient for medication order in Ch. 51; once again highlights inconsistent case law

Winnebago County v. D.P., 2024AP2391-FT, 3/19/25, District II (1-judge decision, ineligible for publication); case activity

In appeal eerily similar to a SCOW case that was dismissed as improvidently granted, COA affirms and holds that the conclusory testimony supporting involuntary medication and recommitment was legally sufficient.

COA: Reasonable suspicion to stop vehicle if police know owner of vehicle was not issued Wisconsin driver’s license unless officer has information suggesting owner is not driving.

State v. Tobin J. Jagla, 2023AP2311-CR, 3/18/25, District III (not recommended for publication); case activity

COA affirms circuit court’s order denying Tobin Jagla’s motion to suppress where police stopped the vehicle he was driving after an officer determined the registered owner of the vehicle did not have a Wisconsin driver’s license.  Although officer learned during the stop that Jagla was not the registered owner, Jagla and owner were both males and similar in age.

Seventh Circuit cases for February

February brought a handful of cases potentially relevant to our practice:

SCOW accepts review in two cases focusing on the Fourth Amendment in context of internet surveillance targeting alleged child pornography

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

SCOW accepts review in juvenile appeal seeking suppression of statements given to school resource officer

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.

COA rejects challenges to possession of child porn based on erroneous jury instruction and state’s closing argument

State v. Catherine E. Edwards, 2023AP1042-CR, 3/6/25, District IV (not recommended for publication); case activity

Edwards’s appeal focuses on the definition of “lewd exhibition of intimate parts” and the state’s closing arguments as to child pornography. COA rejects Edwards’s arguments on appeal and affirms her convictions for possession of child pornography.