On Point blog, page 7 of 790
COA holds there was reasonable suspicion to seize motorist for unreadable license plate even if plate was, in actuality, readable
State v. Glen Michael Braun, 2022AP1764, 2/25/25, District III (one-judge decision; ineligible for publication); case activity
In a case demonstrating the tough hill that litigants must climb to prove an officer lacks reasonable suspicion, COA affirms an order denying Braun’s suppression motion based on a possible equipment violation.
COA dismisses another ch. 51 recommitment appeal as moot
Waukesha County v. R.D.T., 2024AP1390, 2/12/25, District II (1-judge decision, ineligible for publication); case activity
COA dismisses “Rex’s” D.J.W. and sufficiency challenges to his 2023 recommitment and involuntary medication orders as moot.
COA: Traffic stop not unreasonably prolonged by officer’s request for field sobriety tests
State v. Emily Anne Ertl, 2023AP234-CR, 2/18/25, District III (one-judge decision; ineligible for publication); case activity
Ertl appeals the denial of her motion to suppress on the ground that police impermissibly extended the scope of her initial detention when the officer asked her if she would consent to field sobriety tests. COA affirms, concluding that her detention was not unreasonably prolonged by law enforcement’s single request that she voluntarily submit to field sobriety tests.
SCOTUS’s Most Recent Order List
While we don’t usually cover SCOTUS’s order list unless there’s something special going on, the most recent order clocked in at nearly 60 pages and featured a number of interesting dissents that we thought our readers would be intrigued by.
Seventh Circuit Update
There has been a real paucity of relevant cases from the Seventh. We keep saving this article and hoping more could be added, but until things heat up again, we thought we’d share these cases from the last few months that might be relevant to our readers.
Guest Post: SPD Immigration Practice Coordinators on Immigration Law Developments
With a new administration comes changes to our immigration laws. Fortunately, the SPD’s Immigration Practice Coordinators are here to provide you with an updated analysis of the many legal developments relevant to our clients.
Defense Win! COA reverses order denying suppression motion in juvenile appeal
State v. K.R.W., 2024AP1210, 2/19/25, District II (one-judge decision; ineligible for publication); case activity
Although COA does not address K.R.W.’s broader constitutional argument, it holds that suppression is warranted given the State’s violation of a statute requiring an intake worker to warn a juvenile of his right to counsel and right against self-incrimination before taking that juvenile’s statement.
SCOW agrees to review another defense win with respect to involuntary medication
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.
SCOW to review requirements for involuntary medication orders pertaining to incompetent criminal defendants
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.
SCOW to review discovery rules applicable to reverse waiver hearings
State v. Adams, 2023AP218-CR, petition for review of a published decision of the court of appeals, granted 2/12/25; case activity
SCOW grants Adams’s petition for review in part and signifies its interest in bringing clarity to an important procedural aspect of reverse waiver hearings.