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SCOW affirms defense win in revocation case on deferential standard of review
State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, affirming a per curiam court of appeals decision, case activity (including briefs) The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and Sellers […]
- 2024-2025 Term
- B. Opinions
- C. Revocation
- 4. Cross-examination
- 5. Certiorari review
- 31. Probation/ES
- 45. WI Supreme Court
- Uncategorized
July 15, 2025
COA affirms TPR disposition, holds circuit court properly exercised discretion as to substantial relationship factor
Oneida County v. J.B., 2025AP213, 7/1/25, District III (one judge opinion, ineligible for publication); case activity J.B. (“Joseph”) appeals the disposition terminating his parental rights to his son, “Isaac,” arguing that the circuit court failed to explicitly consider whether Isaac had substantial relationships with Joseph and members of his family. COA rejects Joseph’s arguments and […]
July 13, 2025
COA: In TPR case, trial counsel’s performance was deficient for not timely filing affidavits opposing summary judgment, but respondent not prejudiced.
Jackson County Dept. of Health & Human Services v. A.M.N., 2024AP1166, 7/10/25, District IV (ineligible for publication); case activity COA finds counsel’s performance deficient for failing to timely file affidavits opposing Jackson County’s motion for partial summary judgment regarding its petition to terminate A.M.N.’s parental rights. But A.M.N. was not prejudiced because there is no […]
- 1. Abandonment
- 1. Deficient performance
- a. Effective assistance
- a. Found
- B. Constitutional rights
- 2. Counsel
- 2. Prejudice
- b. Prejudice not found
- 3. Continuing CHIPS
- C. Unpublished Opinions
- D. Grounds, Sec. 48.415
- D. Ineffective Assistance
- E. Procedure
- 8. Counsel, 6th Am.
- 10. Summary judgment
- 40. TPRs
- 46. WI Court of Appeals
- Uncategorized
July 11, 2025
COA affirms order continuing protective placement
Washburn County v. D.C.R., 2024AP2443-FT, 7/8/25, District III (ineligible for publication); case activity While D.C.R. wins some minor victories in this appeal, ultimately COA rejects his sufficiency challenges and affirms.
- 3. Civil Commitments
- C. Unpublished Opinions
- C. Ch. 55, Protective placement
- 46. WI Court of Appeals
July 10, 2025
COA calculates discharge date on sentences for crimes committed between 1999 and 2003 in published case.
State of Wisconsin ex rel. Christopher P. Kawleski v. State, 2022AP1129, 7/3/25, District IV, (recommended for publication); case activity COA recommends publication in a case addressing how to calculate the maximum discharge date for a defendant sentenced to a bifurcated sentence on a felony between 1999 and 2003 upon release from reconfinement after extended supervision […]
- Published 2025
- A. State
- B. Extended supervision
- 2. Extended supervision
- B. Published opinions
- 3. Reconfinement
- D. Type of punishment
- 5. Type of challenge
- f. Statutory violation
- F. Sentence credit
- 10. Extended supervision
- 14. Reconfinement
- 22. Habeas corpus
- 31. Probation/ES
- 36. Sentencing
- 46. WI Court of Appeals
- Uncategorized
July 9, 2025
COA holds that protective placement may be continued based on evidence from previous hearings provided the evidence was “adjudicated.”
Pierce County v. P.C.A., 2024AP1367, 7/1/25, District III (ineligible for publication); case activity While affirming the circuit court continuing a protective placement order under Chapter 55 after a due process hearing (known as a Watts hearing), the COA clarified that, following previous due process hearings, documentary evidence that was admitted, and testimony that was accepted […]
- C. Unpublished Opinions
- C. Ch. 55, Protective placement
- 3. Civil Commitments
- 46. WI Court of Appeals
July 7, 2025
Defense win: COA reverses parts of juvenile restitution order
State v. C.J.L., 2024AP1917, 7/3/25, District IV (1-judge decision, ineligible for publication); case activity C.J.L. contests part of the restitution ordered in his juvenile case related to a theft and break in at a dance studio–restitution for a surveillance subscription purchased after the theft, and for damages to the studio’s dance floor. Because the juvenile […]
In 5-1-1 decision, SCOW affirms COA decision rejecting domestic violence victim’s invocation of coercion defense
State v. Joan L. Stetzer, 2025 WI 34, 7/3/25, affirming an unpublished decision from COA; case activity Faced with a unique fact pattern arising from an OWI prosecution, SCOW interprets Wisconsin’s coercion defense and finds that Stetzer is unable to prevail, regardless of the clearly sympathetic facts presented.
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