On Point blog, page 2 of 133
SCOW grants review of defense win as to vouching
State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; reversed 6/13/25; case activity
In a case that we correctly identified as SCOW bait, SCOW accepts review of the State’s petition for review asking to modify the substantive law on vouching as applied by COA. The case is also relevant to determining what is “settled law” in assessing a claim of ineffective assistance of counsel.
SCOW grants review to resolve whether an expunged conviction for a misdemeanor crime of domestic violence under Wisconsin law qualifies as an “expungement” under federal law for purposes of obtaining a firearm.
Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, petition for review of a published court of appeals decision, granted 11/12/24; dismissed as improvidently granted 6/24/25; case activity (including briefs)
SCOW granted review to determine whether an expunged conviction for a misdemeanor crime of domestic violence under Wisconsin law qualifies as an “expungement” under 18 U.S.C. § 921(a)(33)(B)(ii) for purposes of obtaining a firearm.
HUGE Defense Win: SCOW overrules S.L.L. and reverses default judgment in Chapter 51 appeal
Waukesha County v. M.A.C., 2024 WI 30, 7/5/24, reversing an unpublished court of appeals decision; case activity (including briefs)
In a big defense win, 6 justices agree that M.A.C. is entitled to relief, with four justices joining together to dismantle SCOW’s prior decision in S.L.L. with respect to notice and default judgment in Chapter 51 proceedings.
In a refreshingly straightforward statutory construction case, SCOW upholds defense TPR win
State v. R.A.M., 2024 WI 26, 6/25/24, affirming an unpublished court of appeals decision; case activity (including briefs)
In a 5-2 defense win, SCOW concludes that a statute requiring the circuit court to wait two days before proceeding to disposition after finding a parent in default means what it says.
SCOW finds injunction against abortion clinic protestor violated First Amendment.
Kindschy v. Aish, 2024 WI 27, 6/27/24, reversing a published court of appeals decision; case activity (including briefs)
SCOW finds injunction against abortion clinic protestor violated First Amendment.
In a sequel to its previous decision in A.G., SCOW holds that parent is not entitled to plea withdrawal or new dispo hearing; leaves other issues open
State v. B.W., 2024 WI 28, 6/27/24, affirming an unpublished court of appeals decision; case activity (including briefs)
In a closely-watched TPR appeal, SCOW issues a decision that leaves many open questions regarding the vexing “burden of proof” issue that has ensnarled lower courts.
SCOW DIGs Ch. 51 involuntary med appeal
Winnebago County v. D.E.W., 2024 WI 21 (per curiam), 5/14/24, review of an unpublished court of appeals decision; case activity
Although many practitioners may have hoped that this case would resolve recurrent issues in appeals of involuntary medication orders, those issues will have to be resolved another day given SCOW’s order dismissing the petition as improvidently granted.
SCOW affirms denial of supervisory writ, seeks to clarify “preferred” appellate procedure to challenge denied substitution request
State ex rel. Antonio S. Davis v. Circuit Court for Dane County, the Honorable Ellen K. Berz and State of Wisconsin, 2024 WI 14, 3/26/24; case activity
A majority of the Wisconsin Supreme Court affirms the court of appeals’ denial of Davis’ petition for a supervisory writ after concluding the the circuit court had no “plain duty” to treat Davis’ request for substitution as timely under Wis. Stat. § 971.20(4). The court also uses the decision to clarify that a petition for a supervisory writ is not the preferred vehicle to seek appellate review of a circuit court’s denial of a request for substitution that was filed after arraignment. Op, ¶11.
SCOW starts its term off with two ties
State v. Morris V. Seaton, 2023 WI 69, 10/10/23, on certification from the court of appeals; case activity (including briefs)
State v. Donte Quintell McBride, 2023 WI 68, 10/10/23, affirming a decision of the court of appeals; case activity (including briefs)
(See our prior posts on Seaton here and here; posts on McBride here and here).
Two tie votes result in a defense-friendly outcome in one case and keep litigation alive in another.
SCOW: Threat to add new charges during trial didn’t bar the filing of those charges after mistrial
State v. James P. Killian, 2023 WI 52, 06/21/23, reversing a published court of appeals decision; case activity (including briefs)
The state’s threat to add new charges against Killian during a trial that ended in a mistrial didn’t expand the scope of the protection against double jeopardy to those new charges.