On Point

State v. Mitchell D. Butschle, 2023AP2120-CR, 5/8/24, District II (one-judge decision, ineligible for publication); case activity

On appeal from a conviction for operating with a detectable controlled substance, the court rejects Butschle’s claims that police lacked probable cause to arrest. The court affirms because “there were enough indicators of impairment to satisfy probable cause to arrest, including (1) “a strong odor of alcohol,” (2) “Butschle’s eyes were bloodshot and glassy,” (3) “the stop occurred just after 2:00 a.m., which is bar time,” and (4) “Butschle failed the HGN test and showed balance indicators on the other two [FSTs].” Op., ¶¶10-11.

State v. J.A.N., 2023AP1108, 5/14/24, District I (1-judge decision; ineligible for publication); case activity

State v. Z.D.S., 2023AP1109, 5/14/24, District I (1-judge decision; ineligible for publication); case activity

State v. S.R., 2023AP1110, 5/14/24, District I (1-judge decision; ineligible for publication); case activity

In a series of appeals seemingly aimed at the discretionary decisions of an individual circuit court judge, COA affirms the circuit court’s decision to dismiss and refer these juvenile prosecutions for a DPA under a well-settled standard of review.

State v. Andre L. Jones, 2023AP1535-CR, 2023AP1536-CR, 2023AP1537-CR and 2023AP1538-CR, 5/16/24, District IV(not recommended for publication); case activity

In a rare appeal of an order denying a motion for return of property, COA rejects a novel statutory construction argument by adhering to what it views as binding precedent.

Winnebago County v. D.E.W., 2024 WI 21 (per curiam), 5/14/24, review of an unpublished court of appeals decision; case activity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.

Kenosha County DC&FS v. A.G.O., 2023AP1305, 1307 & 1308, 5/8/24, District II (one-judge decision; ineligible for publication); case activity

In yet another TPR case involving allegations of ineffective assistance, COA affirms based on hard-to-overcome legal standards.

John Sabo v. Megan Erickson, No. 21-3332, 4/30/24

In an interesting § 1983 appeal, Sabo reveals a disturbing trend of miscalculated sentences by the Wisconsin DOC.

Keith C. Henyard v. Cheryl Eplett, No. 22-3086, 4/26/24

Although Henyard argues that his conviction must be reversed because the lawyer who represented him was also the judicial official who bound him over for trial, the Seventh Circuit denies relief and holds that the Wisconsin Court of Appeals did not erroneously apply governing federal law.

Winnebago County v. A.F.H., 2023AP1798, 5/1/24, District II (one-judge decision; ineligible for publication); case activity

In this chapter 51 appeal from an order for involuntary commitment and treatment, and an order denying postdisposition relief, the court of appeals affirms, concluding that even without the inadmissible hearsay, sufficient evidence existed supporting the underlying orders.

State v. L.R.J., 2023AP1902, 5/8/24, District II (one-judge decision; ineligible for publication); case activity

“Lincoln” succeeds on his claim related to sex offender registration due to the State’s concession but fails to rebut the presumption that the court acted impartially when revoking a stayed Serious Juvenile Offender (SJO) order.

April was a busy month; we’ve tried to pull out those cases most relevant to our readers: