On Point

State v. Matthew Curtis Stills, 2022AP1390-CR, 2/13/24, District 1 (not recommended for publication); case activity

This 2016 case out of Milwaukee County has a bit of a backstory and an unfortunate ending for Sills. In 2020, the court of appeals reversed Sills’ conviction based on a Bangert violation related to the circuit court’s failure to advise Sills of the maximum fine. Thereafter, Sills went to trial, was convicted, and was sentenced to 30 years imprisonment, compared to the 15 years he received after his original plea. This time around, Sills raises two issues on appeal: (1) that trial court’s objective bias violated his right to a fair trial and (2) that his trial attorney provided ineffective assistance of counsel. Unlike his first appeal, the court affirms rejects his claims and affirms his new conviction.

State v. Nicholas Allen Paulson, 2022AP186, 2/21/24, District III (1-judge decision, ineligible for publication); case activity

Although Paulson tries to establish that police did not have probable cause to arrest him despite, among other evidence, a PBT reading of .198, COA affirms.

State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity

Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute.

Douglas County v. K.A.D., 2023AP1072, 2/13/24, District 3 (one-judge decision; ineligible for publication); petition for review granted 6/17/24 case activity

K.A.D. (“Kyle”) challenged the order authorizing his involuntary medication and treatment on two grounds:  (1) that the county failed to establish that he was provided the required explanation regarding the recommended medication and treatment and (2) that the county failed to prove he is incompetent to refuse medication and treatment. While the court of appeals assumes without deciding that Kyle’s appeal is moot, the court concludes that Kyle’s case meets an exception to the mootness doctrine, and thereafter rejects Kyle’s argument on the merits.

Johnnie Mertice Wesley v. Randall Hepp, No. 22-2968, 1/5/24

Wesley’s challenges to law enforcement conduct which resulted in him giving inculpatory statements fail, as the Seventh Circuit concludes that the Wisconsin Court of Appeals reasonably applied SCOTUS precedent.

Deshawn Harold Jewell v. Gary Boughton, No. 22-3082, 1/22/24

Despite an obvious constitutional violation, Jewell is still precluded from obtaining a new trial given that Wisconsin courts did not unreasonably find the error harmless.

January brought a few criminal (or criminal adjacent) cases our readers might find interesting:

City of Sheboygan Falls v. Wesley Scot Melton, 2023AP1183, 1/24/24, District II (one-judge decision; ineligible for publication); case activity

COA finds the City established sufficient evidence that Melton failed to stop for a school bus and therefore affirms.

City of Watertown v. Andrew D. Wiest, 2023AP992, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity

Although Wiest faults the City for failing to prove that he operated his motor vehicle while intoxicated, COA is satisfied there was sufficient circumstantial proof and affirms.

Columbia County DH&HS v. S.A.J., 2023AP1884, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity

In a lengthy opinion notable for its treatise-like treatment of the issues, COA rejects S.A.J.’s challenges to her TPR order.