On Point

State v. Jobert L. Molde, 2021AP1346-CR, 5/21/24, District III (not recommended for publication);petition for review granted case activity

Although this defense win is unpublished and therefore nonprecedential, COA’s analysis and synthesis of the law regarding this commonly litigated issue is an important read for litigators considering such claims.

Portage County v. D.A., 2023AP1237, 1255 & 1272, 5/9/24, District IV (one-judge decision; ineligible for publication); case activity

Although “David” presents a superficially knotty jurisdictional argument, COA ultimately holds that he has forfeited this otherwise non-meritorious legal issue.

Kenosha County DC&FS v. M.A.C., 2023AP2068 & 2069, 5/14/24, District II (one-judge decision; ineligible for publication); case activity

M.A.C. (“Molly”) challenges the circuit court’s decision to deny her postdisposition motion without a hearing. The court of appeals affirms because it says Molly can’t establish she was prejudiced by her trial attorney’s advice that she admit the county made a “reasonable effort” to provide services ordered by the CHIPS court.

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State v. Andre L. Jones, 2023AP1535-CR, 2023AP1536-CR, 2023AP1537-CR and 2023AP1538-CR, 5/16/24, District IV(not recommended for publication); case activity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