On Point blog, page 2 of 104
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State v. R.A.M., 2024 WI 26, 6/25/24, affirming an unpublished court of appeals decision; case activity (including briefs)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State v. B.W., 2024 WI 28, 6/27/24, affirming an unpublished court of appeals decision; case activity (including briefs)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Winnebago County v. D.E.W., 2024 WI 21 (per curiam), 5/14/24, review of an unpublished court of appeals decision; case activity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.
Defense win: SCOW rebuffs circuit court’s apparent attempt to take on the role of a DOC supervision agent
State v. Junior L. Williams-Holmes, 2023 WI 49, 6/20/23, reversing and remanding a published court of appeals decision; case activity (including briefs)
Reaffirming that the Department of Corrections, not the circuit court, is responsible for regulating the day-to-day affairs of persons being supervised by DOC, the supreme court sends this case back to the circuit court for it to either modify the supervision condition it ordered in this case or clarify how it is consistent with the law.
SCOW reaffirms that trial counsel’s strategic decisions are given deference only if they are reasonable
State v. Jovan T. Mull, 2023 WI 26, 4/4/23, reversing a per curiam decision of the court of appeals; case activity (including briefs)
The supreme court rejects Mull’s claims that his trial lawyer was ineffective at his trial, though it reaffirms that trial counsel’s strategic decisions are not given automatic deference, but are judged for their objective reasonableness under all the circumstances.
SCOW reverses COA and finds that circuit court exercised “sound discretion” when it granted a mistrial based on evidence later found to be admissible
State v. Mitchell D. Green, 2023 WI 57, 6/29/23, review of an unpublished court of appeals decision; habeas granted, No. 24-2980; case activity (including briefs)
In yet another reversal of a defense win, a divided Court upholds the circuit court’s exercise of discretion, despite serious criticisms of the circuit court’s reasoning made by the dissenters.