On Point: A. Review Grants

State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, petition for review of a per curiam court of appeals decision, granted 11/12/24; affirmed 7/3/25; case activity (including briefs)

The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and Sellers asked the COA to affirm DHA’s original decision not to revoke Sellers’s probation. The COA agreed with DHA and Sellers, reversing the circuit court’s order and affirming DHA’s decision not to revoke Sellers’s probation. DOC petitioned for review.

State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; reversed 6/13/25; case activity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.

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.

State v. Jackson, 2023 WI 37, 5/12/23, dismissing as improvidently granted review of an unpublished court of appeals opinion, 2019AP2383; case activity (including briefs)

Our post on the grant of review in this case said SCOW might use it to “expound on State v. Cooper, 2019 WI 73, 387 Wis. 2d 439, 929 N.W.2d 192 (IAC claims where counsel has been disciplined), Hill v. Lockhart, 474 U.S. 52 (1985)(prejudice prong in the plea context); Lafler v. Cooper, 566 U.S. 156 (2012) and Missouri v. Frye, 566 U.S. 134 (2012)(failure to communicate plea offer). There will be no expounding on those cases. Instead, SCOW dismisses the case as improvidently granted. That doesn’t mean there’s not any expounding to be had, though: Justices R.G. Bradley (in concurrence) and A.W. Bradley (in dissent) write to state their views on whether SCOW should explain itself when it DIGs.

State v. Donte Quintell McBride, 2021AP311-CR, state’s petition to review an unpublished court of appeals decision granted, 4/18/23; affirmed, 2023 WI 68 case activity (including briefs, PFR, and response to PFR)

Issues (from the State’s PFR):

1. When reviewing a motion to suppress, what is the proper application of the “clearly erroneous” standard of review?

2. Was the seizure and subsequent search of McBride constitutional where police observed two people sitting in an unilluminated SUV, which appeared to obstruct traffic, late at night in a high crime area, and when McBride made furtive movements in response to the officer’s spotlight?

State of Wisconsin ex rel. Antonio S. Davis v. Circuit Court for Dane County and Honorable Ellen K. Berz, 2022AP1999-W, PFR granted 03/31/2023;  COA decision affirmed, 2024 WI 14, case activity (including briefs, petition for review, and state’s response)

Davis was arrested and charged with two misdemeanors in Dane County. He applied for an attorney through the State Public Defender a day after his arrest, but made his initial appearance before a court commissioner without appointed trial counsel. That same day, Davis’ case was assigned to Judge Ellen K. Berz. Counsel was appointed to represent Davis 65 days later, and after consultation with his newly appointed counsel, Davis filed a request for substitution. Judge Berz denied the request as “untimely.” The supreme court will now review whether the delayed appointment of counsel provides an exception to the strict adherence to Wis. Stat. § 971.20(4)’s deadline to file a request for substitution.

State v. Morris V. Seaton, 2021AP1399-CR, certification granted 3/24/23;  remanded, 2023 WI 69;District 2; case activity (including briefs) case activity (including briefs)

Question presented (from the court of appeals’ certification):

In light of the 2014 amendment of WIS. STAT. § 904.04(2)(b) (2019-20), codifying and expanding the “greater latitude” rule and the Wisconsin Supreme Court’s decision in State v. Dorsey, 2018 WI 10, ¶¶23-25, 379 Wis. 2d 386, 906 N.W.2d 158, interpreting and applying that amendment, are State v. Alsteen, 108 Wis. 2d 723, 324 N.W.2d 426 (1982), and State v. Cofield, 2000 WI App 196, 238 Wis. 2d 467, 618 N.W.2d 214, still controlling law as they relate to the admissibility of prior nonconsensual sexual wrongs in cases involving an adult victim of an alleged sexual assault where consent is the primary issue?

State v. Quaheem O. Moore, 2021AP938-CR, petition for review of an unpublished court of appeals decision granted 12/21/22; reversed 2023 WI 50; case activity (including PFR, Response, and briefs)

Issues presented (from State’s PFR):

1. Did the court of appeals correctly read State v. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387 (1999), to establish a standard of evidence for search and arrest based on the odor of a controlled substance that is more demanding than the constitutional standard of probable cause?

2. Did police have probable cause to search Moore incident to arrest under the totality of the circumstances, which included a “strong” odor of raw marijuana coming from the vehicle of which Moore was the sole occupant?

State v. Eric J. Debrow, 2021AP1732-CR, petition for review of an unpublished COA opinion granted 12/15/22, reversed, 2023 WI 54; case activity (including PFR, Response, and COA briefs)

Issue presented (from the State’s petition):

Did the court of appeals apply the proper legal standard to its review of the circuit court’s decision to deny Debrow’s motion for a mistrial when it considered the adequacy of the curative instruction given by the circuit court and, if not, did the circuit court properly exercise its discretion in denying the motion for a mistrial?

State v. Christopher D. Wilson, 2022 WI 77, 11/23/22, reversing an unpublished decision of the court of appeals, 2020AP1014; case activity (including briefs)

Someone called the police to report that a vehicle was driving erratically “all over the road.” The caller said the car had stopped in the alley behind a particular house and described its driver getting out, climbing up on the fence to reach over an unlatch a gate, and going into the backyard.