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SCOTUS grants cert to determine scope of defendant’s right to discuss matters with counsel during recess in trial testimony.
David Asa Villarreal v. Texas, USSC No. 24-557, certiorari granted 4/7/25 SCOTUS added to its 2025-26 docket this week when it granted the petitioner’s cert. petition to address the following: Question presented: Whether a trial court abridges the defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s […]
April 10, 2025
COA affirms suppression ruling based on illegible license plate
State v. Natalie S. Lozano, 2024AP1540-CR & 2024AP1541-CR, 4/9/25, District II (1-judge decision, ineligible for publication); case activity In yet another appeal hinging on the requirement that a license plate be “legible,” COA affirms based on its deference to the circuit court’s factual findings.
COA affirms OWI 2nd conviction, holding police had reasonable suspicion to extend traffic stop
State v. Danny Thomas McClain, Jr., 2024AP8, 4/8/25 District I (one-judge decision; ineligible for publication); case activity (including briefs) COA affirms the circuit court’s order denying suppression of the evidence (field sobriety tests and preliminary breathalyzer tests), finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for additional criminal […]
- a. Field Sobriety Testing
- 1. Generally
- 2. Traffic stops
- 3. Frisks
- 6. Test for seizure
- G. Reasonable suspicion
- H. Exclusionary rule
- I. Suppression hearings
- 35. Search & Seizure
April 9, 2025
COA affirms CHIPS dispositional orders finding that circuit court exercised proper discretion in denying respondents’ petition to transfer jurisdiction to tribal court, authorizing County to exercise medical decision making, and admitting evidence of father’s risk assessment
Monroe County v. G.L.B., 2024AP1596, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity Monroe County v. T.B., 2024AP1845, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity The COA issued two decisions affirming the circuit court’s dispositional orders finding that T.B.’s (the mother) and G.L.B.’s (the father) son was in need of protection […]
April 8, 2025
COA affirms challenge to TPR disposition under erroneous exercise of discretion standard
Waukesha County v. A.T., 2025AP167, 4/2/25, District II (1-judge decision, ineligible for publication); case activity “Amber” appeals from an order terminating her parental rights to her 6-year-old daughter, “Holly.” She argues the circuit court erroneously exercised its discretion at disposition. COA affirms under the deferential, erroneous exercise of discretion standard.
April 5, 2025
Excessive water intake sufficient to find person “dangerous” under Chapter 51.
Winnebago County v. J.M., 2024AP1554, 4/2/25, District II (1-judge decision, ineligible for publication); case activity COA affirmed the circuit court’s order recommitting J.M. (referred to as “James Moore”) for twelve months and authorizing involuntarily administering medication. The Court found that Moore suffers from schizoaffective disorder, which caused him to drink an excessive amount of water […]
- A. Ch. 51, Mental health
- 2. Recommitment
- c. Mentally ill/drug dependent
- 3. Civil Commitments
- C. Unpublished Opinions
- d. Proper subject of treatment
- 4. Involuntary meds
- e. Dangerousness
- 46. WI Court of Appeals
April 4, 2025
COA reverses grant of summary judgment in TPR, holds that issues of material fact exist as to abandonment and failure to assume
J.H. v. J.L.B., 2025AP85, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity COA reviews the grant of summary judgment on abandonment and failure to assume parental rights de novo and concludes that there are issues of material fact as to each ground. The court therefore reverses and remands for a fact-finding hearing.
In published decision, COA holds that corporation counsel is not a party under 48.13 when they are not a petitioner
S.G. v. Wisconsin DCF, 2024AP472, 4/3/25, District IV (recommended for publication); case activity In a unique CHIPS appeal, COA clarifies the proper role of corporation counsel when another party files a CHIPS petition.
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