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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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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.
COA affirms ch. 51 medication order in “close case”
Dane County v. A.M.M., 2024AP1670, 2/13/25, District IV (1-judge decision, ineligible for publication); case activity
“Amanda” challenges the sufficiency of the evidence pertaining to her medication order. The COA calls this a “close case,” but affirms.
COA holds that difference between “L meth” and “D meth” does not create a defense to RCS prosecution
State v. Walter L. Johnson, 2024AP79-CR, 2/13/25, District IV (recommended for publication); case activity
In a case resolving a hot issue for OWI litigators, COA rejects challenges to an RCS prosecution based on the chemical difference between “L meth”–found in certain nasal decongestant sprays–and “D meth,” which is found in illicit street drugs.
COA rejects challenges to extension and medication orders and affirms another Chapter 51
Racine County v. C.D.B., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); case activity
In “Banks’s” most recent appeal, he once again challenges the sufficiency of the evidence pertaining to his extension and medication orders. Like his last appeal, however, those arguments go nowhere.
COA rejects sufficiency challenge to grounds and finds that court did not err in terminating parental rights
State v. R.J.S., 2024AP2186, 2/7/25, District I (1-judge decision, ineligible for publication); case activity
COA rejects R.J.S.’s challenges to the sufficiency of the evidence and applies a well-settled standard of review to uphold the circuit court’s discretionary termination order.
COA: Tint meter evidence not required to confirm officer’s belief that vehicle windows were illegally tinted to establish reasonable suspicion for stop.
State v. Joseph Paul Morello, 2024AP931-CR, 2/6/25, District IV (one-judge decision; ineligible for publication); case activity
COA affirms circuit court’s order denying Joseph Morello’s motion to suppress the fruits of his traffic stop. Although COA did not address circuit court’s conclusion that police had reasonable suspicion that Morello’s vehicle was connected to reports of gunshots, it affirmed on alternative ground that there was reasonable suspicion Morello’s vehicle’s windows were excessively tinted.
COA once again holds that a colloquy is not required before a person stipulates to a mental commitment order
Sheboygan County v. N.A.L., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); petition for review granted 5/21/25 case activity
In yet another appeal asking COA to clarify the procedure for accepting a stipulation to a mental commitment, COA refuses N.A.L.’s invitation to issue a precedential opinion and affirms based largely on a prior unpublished decision.
COA holds that County sufficiently proved dangerousness under second standard
Trempealeau County v. C.B.O., 2024AP1520-FT, 2/4/25, District III (one-judge decision; ineligible for publication); case activity
COA affirms, holding that the evidence of a verbal threat to kill someone, and “Carl’s” actions during a subsequent police chase, were both sufficient to establish dangerousness under Wis. Stat. § 51.20(1)(a)2.b.
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.