On Point

State v. Colin R. Dowling, 2024AP524, 5/1/25, District IV (1-judge decision, ineligible for publication); case activity

The COA found sufficient evidence to sustain Colin Dowling’s civil forfeiture obligation for impeding traffic by driving at a slow speed.  Although Dowling argued that there were no reasonable alternatives to slowing down his Tesla to preserve its battery, the COA concluded contacting roadside assistance was a safer alternative than driving 45 miles per hour on an interstate highway where the speed limit was 70.

Fond du Lac County v. D.P.E., 2025AP66-FT, 4/30/25, District II (1-judge decision, ineligible for publication); case activity

COA affirms the circuit court’s orders recommitting D.P.E. (referred to as “Donald”) and authorizing the involuntarily administration of medication. Donald argued on appeal that the county did not present sufficient evidence to establish dangerousness and failed to meet its burden to prove he was not competent to refuse medication.

Leon Carter v. Lizzie Tiegels, No. 23-1266, 4/24/25

In a knotty habeas case, the complexities of habeas corpus law mean that Carter’s challenges to how COA handled his no-merit appeal and an underlying (and unique) claim of juror intrusion do not merit relief.

State v. Jonah Michael Hoffman, 2024AP1221-CR, 4/24/25, District IV (1-judge decision, ineligible for publication); case activity

The sole issue on appeal is whether the deputy who arrested Hoffman had probable cause to search his truck for evidence of an open container. COA concludes that probable cause was lacking, and accordingly reverses and remands with directions that any evidence derived from the search be suppressed.

State v. Kimberly D. Rowe, 2022AP2122-CR, 4/22/25, District III (1-judge decision, ineligible for publication); case activity

The COA considered when a collection of liquor bottles behind the counter of what appeared to be a bar becomes “intoxicating liquor” for which a license is required to possess for intended sales.  Because the State did not prove the identity of the liquid in the bottles or submit the liquid for chemical testing, the COA reversed Kimberly Rowe’s conviction for possessing intoxicating liquor with intent to sell without a license or permit, contrary to Wis. Stat. § 125.66(1).

Holsey Ellingburg, Jr. v. United States, USSC No. 24-557, certiorari granted 4/7/25

SCOTUS added to its 2025-26 docket on April 7, when it granted the petitioner’s cert. petition to address the following:

Question presented:

Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause.

State v. T.N., 2024AP1280, 4/22/25, District I (1-judge decision, ineligible for publication); case activity

T.N. appeals, arguing that she received ineffective assistance of counsel when her attorney did not object to statements she contends are inadmissible hearsay. COA assumes without deciding that the statements were hearsay and affirms the circuit court’s orders, concluding there was no prejudice to T.N.

State v. J.A.V.,  2024AP2081, 4/23/25, District I (1-judge decision, ineligible for publication); case activity

COA rejects two claims relating to the circuit court’s discretionary decision, including an argument that the circuit court relied on inaccurate information regarding the SJO program.

State v. A.L., 2025AP177, 4/22/25, District I (1-judge decision, ineligible for publication); case activity

Despite the respondent’s claim that she was never given notice of the time for a jury status hearing, COA affirms the circuit court’s default finding.

March was another slow month, but brought a couple of cases potentially relevant to our practice with respect to a delayed search of a cell phone, the use of suggestive lineups, the constitutionality of laws governing short-barreled rifles, and an argument that the Sixth Amendment applies to criminal restitution orders: