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Court rejects usual attacks to 51 extension, medication order and affirms
Racine County v. C.B., 2023AP2018-FT, 3/20/24, District II (one-judge decision; ineligible for publication); case activity In a factually-specific appeal of a recommitment order, COA rejects all of C.B.’s arguments and affirms.
- 1. Appeals
- A. Ch. 51, Mental health
- 2. Recommitment
- C. Unpublished Opinions
- 3. Civil Commitments
- C. Briefs/Appendices
- 4. Argument
- d. Undeveloped argument
- 4. Involuntary meds
- e. Dangerousness
- 46. WI Court of Appeals
March 27, 2024
COA affirms conviction over pro se defendant’s quasi-jurisidictional defenses
State v. Allan Nathan Carroll, Jr. A/K/A/ U’si Ch-ab, 2023AP870, 3/20/24, District 2 (one-judge appeal; ineligible for publication); case activity Carroll, Jr., a.k.a. Ch-ab, pro se, appeals a jury verdict convicting him of resisting or obstructing an officer. Ch-ab raises two claims on appeal: (1) that his constitutional rights were violated during a traffic stop […]
- C. Unpublished Opinions
- 7. Obstructing/resisting
- H. Ch. 946: Against gov't/admin
- 9. Crimes
- 13. Due Process
- O. Substantive due process
- 46. WI Court of Appeals
March 21, 2024
COA rejects father’s challenge to TPR disposition
State v. K.P., 2023AP2404-06, 3/19/24, District 1 (one-judge decision; ineligible for publication); case activity K.P. (“Kevin”) challenged the circuit court’s order terminating his parental rights on two grounds: (1) that his own testimony demostrated he had a substantial relationship with his three children and (2) because there was a lack of evidence concerning the childrens’ […]
March 19, 2024
Motorcyclist’s “thick accent” no barrier to improper refusal finding
State v. Asif Ahmed, 2023AP1796, 3/14/24, District IV (one-judge appeal; ineligible for publication); case activity Ahmed raises a few different arguments challenging the circuit court’s decision that he improperly refused to submit to a OWI blood draw, but the court of appeals rejects them all, agrees probable cause existed to arrest Ahmed for OWI, and […]
- Refusal Hearing
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- 4. Procedure
- 9. Crimes
- 46. WI Court of Appeals
March 18, 2024
Despite circuit court missteps, COA affirms TPR
Kenosha County DCFS v. J.M.C. III, 2023AP1382, 3/13/24, District 2 (one-judge decision; ineligible for publication); case activity In affirming the termination of J.M.C.’s parental rights to his daughter, the court holds that (1) the circuit court did not erroneously exercise its discretion in denying J.M.C.’s request for a new attorney and (2) the circuit court’s […]
COA affirms denial of IAC claim in TPR summary judgment appeal
Sheboygan County DH & HS v. A.P., 2023AP1382, 2/7/24, District 2 (one-judge decision; ineligible for publication); case activity Faced with the department’s motion for summary judgment on grounds of abandonment, counsel for A.P filed a brief in opposition and attached two exhibits, but failed to file any affidavits. Postdisposition and on appeal, A.P. argues that […]
- 1. Abandonment
- C. Unpublished Opinions
- D. Grounds, Sec. 48.415
- E. Procedure
- 10. Summary judgment
- 40. TPRs
- 46. WI Court of Appeals
March 15, 2024
In a DJW loss, COA generates uncertainty about such claims
Waukesha County v. G.M.M., 2023AP1359, 3/13/24, District II (one-judge decision; ineligible for publication); case activity In an appeal presenting a straightforward D.J.W. claim, COA affirms while also giving credence to harmless error arguments.
- 1. Appeals
- A. Ch. 51, Mental health
- 2. Recommitment
- 3. Civil Commitments
- C. Unpublished Opinions
- e. Dangerousness
- 6. Procedures/hearings/evidence
- L. Harmless Error
- 46. WI Court of Appeals
March 14, 2024
COA rejects attempt to use plain error doctrine to challenge hearsay evidence in 51 appeal
Portage County v. D.P.W.O., 2023AP1975, 3/7/24, District IV (one-judge decision; ineligible for publication); case activity In yet another appeal challenging the use of hearsay statements contained within an examiner’s report, COA rejects D.P.W.O.’s attempt to use the plain error doctrine to prove that this unpreserved error merits reversal of the extension order.
- a. Failure to object
- 1. Appeals
- a. Forfeiture of issues
- A. Ch. 51, Mental health
- 1. Objection requirement
- 2. Recommitment
- 3. Civil Commitments
- C. Unpublished Opinions
- D. Waiver of issues/arguments
- 7. Plain Error
- 8. Appeals
- 46. WI Court of Appeals
March 13, 2024
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