On Point

State v. Ned Guerra, 2022AP2098-CR, 7/19/23, District 2 (1-judge decision; not eligible for publication); case activity (including briefs)

Twenty-0ne months passed between the filing of the criminal complaint and Guerra’s trial. The delay was caused by a state’s witness’ temporary unavailability and the circuit court’s COVID-based backlog of higher-priority trials. While Guerra clearly asserted his right to a speedy trial, the court affirms the circuit court’s denial of Guerra’s motion to dismiss because “there is no evidence that Guerra was prejudiced by the delay.” Opinion, ¶23.

Racine County v. P.J.L, 2023AP254, District 2, 7/19/23, 1-judge decision ineligible for publication; case activity (briefs not available)

In Outagamie County v. L.X.D.-O., 2023 WI App 17, ¶36, 407 Wis. 2d 518, 991 N.W.2d 518 (PFR denied), the court of appeals rejected a sufficiency challenge to an involuntary medication order and held that an examiner’s report need not be entered into evidence in order for the circuit court to consider the information contained therein. Now, the court extends L.X.D.-O. to an initial commitment order itself under the same rationale. Opinion, ¶20 n.6.

State v. Danial Christopher Wheaton, 2022AP2082-CR, District 4, 7/27/23 (one-judge decision; ineligible for publication); case activity (including briefs)

The officer who arrested Wheaton for OWI flubbed the first clause of the first sentence of the “Informing the Accused” script set out in § 343.305(4), but still substantially complied with the statute.

Waukesha County v. C.M.M., 2022AP2081, District 2, 7/19/23 (one-judge decision; ineligible for publication); case activity

C.M.M. (“Charles”) challenges a revised CHIPS dispositional order that eliminated visits between Charles and his son, A.M.M. Charles’ claim on appeal is that the circuit court erred by (1) substituting a “Criminal Division Judge” instead of a “Juvenile Division Judge” and (2) doing so without following the proper procedure. The court of appeals sees no errors and affirms.

On July 26, 2023, the court of appeals ordered publication of two criminal law related decision: State v. Cedric Tung, 2023 WI App 33 (rejecting McCoy v. Louisiana and United States v. Cronic based IAC claims) State v. Conrad M. Mader, 2023 WI App 35 (testimony that 99% of sexual assault reports are true improperly vouched for […]

State v. Alvin James Jemison, Jr., 2021AP2207-CR, 7/18/23, District 1 (not recommended for publication); case activity (including briefs)

After a jury trial, Jemison was convicted of second-degree sexual assault of an unconscious person (Teresa) as a repeater – serious sex crime and sentenced to life in prison without the possibility of release to extended supervision. See Wis. Stat. § 939.618(2)(b). After the circuit court denied his postconviction motion without a Machner hearing, Jemison raised three claims on appeal: (1) the evidence was insufficient to support the completed sexual intercourse charge, (2) the court erred in its admission of other acts evidence, and (3) the court erroneously denied his claims without an evidentiary hearing. The court of appeals rejects each of Jemison’s claims and affirms.

Jones v. Hendrix, 143 S.Ct. 1857, 599 U.S. __ (June 22, 2023); Scotusblog page (containing links to briefs and commentary)

The Court, in a 6-3 opinion authored by Justice Thomas, holds that the savings clause in 28 U.S.C.  2255(e) bars a prisoner from using an intervening change in the interpretation of a federal criminal statute to circumvent AEDPA’s restrictions on successive Section 2255 motions by filing a habeas petition under Section 2241.

State v. Nicholas Anthony Stilwell, 2022AP1839, 7/20/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

This case has facts remarkably like those of State v. Cundy, a recommended-for-publication case the court of appeals decided the week before. Police received a report of a hit-and-run of a parked vehicle, and learned the truck that did the hitting and running was registered to Stilwell. They went to Stilwell’s apartment and found the truck parked nearby. They buzzed Stilwell and he answered the door. They eventually entered the apartment and determined, including by the use of a PBT, that Stilwell was intoxicated, though he denied having driven his truck. They cuffed him, told him he was being “detained,” and took him to the crash scene, where after about 30 minutes they secured other evidence that Stilwell had driven his truck; they thus arrested him.

State v. Gregory L. Cundy, 2023 WI App 41, District 4; case activity (including briefs)

A person called police and said they’d seen a particular vehicle back into a parked car at idle speed and then drive off. About 40 minutes later, an officer arrived at Cundy’s house, knowing that the suspect vehicle was registered to Cundy and finding it in the driveway. The officer knocked on the front door and eventually spoke with Cundy, who remained inside the threshold. At some point the officer declined to let Cundy end the conversation, and a bit later he ordered Cundy out, drove him in his squad to the accident scene, and had the witness identify him. The officer then returned Cundy to his home, where after some further discussion, he was arrested.

State v. William J. Buffo, 2022AP1803-4-CR, District IV, 7/13/23, 1-judge decision ineligible for publication; case activity (briefs available)

In another messy pro se appeal, COA overlooks the State’s failure to file a response brief and affirms the circuit court’s “evidently correct” decision.