On Point

State v. Roger A. Wolf, Jr., 2022AP1539, 8/24/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

An responding officer encountered Wolf, head bloodied, near a crashed motorcycle and a dead deer. Wolf said he’d been “drinking all day” but that an unidentified third person, not on scene, had been driving the bike when it hit the deer. He argues the officer lacked probable cause to perform a preliminary breath test.

State v. Michael Ross Straight, 2022AP2012, 8/24/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

A woman identified as “A.B.” got out of her car and approached Straight with a machete. Straight, fearing for his life, grabbed A.B., knocked her to the ground, and took the machete from her. He then straddled A.B. with the point of the machete pointing toward her. A friend on scene yelled at Straight; Straight replied “what are you going to do about it?” Then he got up, dropped the machete, and walked away. A.B. departed in her car with the machete.

On August 30, 2023, the court of appeals ordered publication of one criminal law related decision:

State v. Gregory L. Cundy, 2023 WI App 41 (Applying Payton rule to invalidate “Terry stop” inside home)

State v. C.D., 2023AP1025, District I, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available)

In an exciting defense win, District I signals a willingness to critically review default orders entered in Milwaukee County.

Marinette County v. A.M.N., 2022AP1395, District III, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available)

Faced with a weak record, COA holds that A.M.N. cleared imposing hurdles to relief and reverses the lower court’s medication order as there was no proof he received a reasonable explanation of the proposed medication. However, despite a hearing rife with inadmissible hearsay, COA upholds the underlying commitment order under a harmless error analysis. 

Jones v. Cromwell, 75 F.4th 722 (7th Cir. 2022).

In a disappointing defense loss, the Seventh Circuit holds that, at least under these circumstances, the defendant’s request for a “public pretender” was sufficiently ambiguous such that police had no obligation to cease their interrogation.

Waupaca County v. G.T.H., 2022AP2146, District IV, 8/24/23, 1-judge decision ineligible for publication; case activity (briefs not available)

Contrary to what has seemed like a steady stream of unsuccessful hearsay-based Chapter 51 appeals, see e.g., here, here, here, here, and here, G.T.H. succussfully convinces the court of appeals to reverse his recommitment, which was based on extensive hearsay testimony.

Kenosha County v. L.A.T., 2022AP1730, District II, 8/23/23, 1-judge decision ineligible for publication; case activity (briefs not available)

L.A.T. (“Linda”) convinced the court of appeals the circuit court erred by admitting and relying on hearsay testimony from a psychiatrist to support its dangerousness finding. However, the court holds that sufficient non-hearsay evidence established that “Linda’s pattern of anger and aggressive behavior that caused others to seek law enforcement assistance…was sufficient to establish that others were in reasonable fear of violent behavior and/or serious physical harm at Linda’s hands.” (Op., ¶3).

Winnebago County v. J.L.C., 2023AP200, District II, 8/23/23, 1-judge decision ineligible for publication; case activity (briefs not available)

Although most litigators believed that arguments about mootness in 51 appeals were now settled, COA resurrects the mootness doctrine to deny relief in this appeal of an expired order.

State v. Richard Chad Quinlan, 2022AP1855-1857, 8/17/2023, District 4 (one-judge decision; ineligible for publication) case activity (including briefs)

Two DNR wardens suspected Quinlan had been engaging in some illegal hunting practices. They approached his cabin in plain clothes and in an unmarked truck. Quinlan’s mother was outside; the wardens identified themselves and said they wanted to talk to Quinlan. The mother said he was home and pointed to the cabin. When the wardens knocked on the door Quinlan’s girlfriend, who one warden recognized, responded “yeah” when asked if they could come in. Within three seconds Quinlan, who was inside, also said it was alright for the wardens to be there. The wardens left after some conversation and Quinlan was eventually cited for violations.