On Point

State v. Nicholas J. Bergner, 2024AP1875, District I, 6/3/25 (one-judge decision; ineligible for publication); case activity

The COA affirmed the circuit court’s order denying Nicolas Bergner’s postconviction motion for a new trial.  Although the circuit court did not follow the procedure required by SCOW in Tucker for using a numbers-only jury selection process, to which trial counsel did not object, Bergner was not prejudiced.

State v. Benny Burgos, 2024AP1497-CR, 6/3/25, District I (not recommended for publication); case activity

In an interesting appeal presenting questions of statutory construction and appellate jurisdiction, COA uses principles of equity to reach the merits and reverses in Burgos’s favor.

State v. Johnny Ray Martin, 2023AP603, 5/28/25, District III (1-judge decision, ineligible for publication); case activity

COA rejects Martin’s claims that the circuit court erroneously exercised its discretion by denying his attempt to impeach the alleged victim with her prior recantation of a separate incident, and that defense counsel was ineffective by failing to adequately investigate the recantation, prepare to address the recantation at trial, and argue the issue under the correct legal theory.

State v. H.C., 2025 WI 20, 6/3/25, affirming an unpublished court of appeals decision; case activity

In a decision that has been awaited by TPR practitioners, all seven justices affirm COA’s mandate, with five justices joining in a majority opinion which concludes there is no burden of proof applicable at a dispositional hearing.

City of Monona v. Erick J. Erickson, 2024AP312, District IV, 5/30/25 (one-judge decision; ineligible for publication); case activity

The COA affirmed Erick J. Erickson’s conviction following a bench trial for operating with a prohibited alcohol concentration and revocation of his operating privileges because he unreasonably refused to submit to a preliminary breath test (PBT).  COA found that the circuit court correctly denied Erickson’s motion to suppress because police had probable cause to request the PBT and probable cause to arrest Erickson.

William T. Case v. Montana, USSC No. 24-624, certiorari granted 6/2/25

SCOTUS added to its docket when it accepted an increasingly rare grant from state criminal proceedings in this Fourth Amendment case:

Question presented:

Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.

State v. Roger A. Minck, 2022AP2292-CR, 5/28/25, District III (recommended for publication); case activity

In a case of first impression, the COA held in a decision recommended for publication that hiding a corpse with intent to conceal a crime under Wis. Stat. § 940.11(2) requires the State to prove the defendant  intended to conceal any crime, not a crime related to the victim’s homicide.  The COA found the evidence sufficient to affirm the jury’s verdict finding Roger Minck guilty of hiding a corpse.

State v. Daniel J. Rejholec, 2023AP2192-CR, 5/28/25, District II (recommended for publication); case activity

In a consequential appeal, COA holds that allocution statements are admissible evidence after a plea has been withdrawn.

State v. Peter J. Long, 2024AP1249-CR, 5/28/25, District II (not recommended for publication); case activity

While Long’s appeal presents some superficially interesting legal issues, ultimately COA’s dereference to the circuit court’s underlying factual findings govern the outcome here.

State v. Daecorion J. Robinson, 2022AP2087-CR, 5/28/25, District I (not recommended for publication); case activity

In a rare “causal nexus” win, 2 judges in D1 agree that the circuit court’s order was infirm. Under the text of the restitution statute, Robinson’s aiding a felon does not make him liable for the consequences of that felon’s underlying criminal conduct.