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COA reverses default in CHIPS appeal, concludes conduct was not egregious or in bad faith
State v. M.A.C., 2023AP1281 & 1282, 7/2/24, District I (one-judge decision; ineligible for publication); case activity The COA holds that the facts do not establish that “Molly’s” nonappearance at a status hearing in her CHIPS cases was egregious or in bad faith.
- A. Right to appeal
- 1. Appeals
- C. CHIPS proceedings
- 4. Mootness
- 8. Discretionary decision
- K. Standards of Review
- 26. Juvenile proceedings
July 3, 2024
In a refreshingly straightforward statutory construction case, SCOW upholds defense TPR win
State v. R.A.M., 2024 WI 26, 6/25/24, affirming an unpublished court of appeals decision; case activity (including briefs) In a 5-2 defense win, SCOW concludes that a statute requiring the circuit court to wait two days before proceeding to disposition after finding a parent in default means what it says.
SCOW finds injunction against abortion clinic protestor violated First Amendment.
Kindschy v. Aish, 2024 WI 27, 6/27/24, reversing a published court of appeals decision; case activity (including briefs) SCOW finds injunction against abortion clinic protestor violated First Amendment.
July 2, 2024
SCOTUS addresses half of the Confrontation Clause analysis on substitute expert testimony; holds such testimony is generally hearsay
Smith v. Arizona, USSC No. 22-899, 6/21/2024, vacating and remanding Arizona v. Smith, No. 1CA-CR 21-0451 (Ariz. Ct. App. 2022) (unreported); Scotusblog page (with links to briefs and commentary) SCOTUS unanimously holds that expert witness testimony restating an absent lab analyst’s factual assertions to support his or her own opinion is hearsay. However, the Court […]
In a sequel to its previous decision in A.G., SCOW holds that parent is not entitled to plea withdrawal or new dispo hearing; leaves other issues open
State v. B.W., 2024 WI 28, 6/27/24, affirming an unpublished court of appeals decision; case activity (including briefs) In a closely-watched TPR appeal, SCOW issues a decision that leaves many open questions regarding the vexing “burden of proof” issue that has ensnarled lower courts.
- B. Opinions
- E. Procedure
- G. Disposition, Secs. 48.426-427
- 2023-24 Term
- 40. TPRs
- 45. WI Supreme Court
July 1, 2024
COA: Circuit court need not weigh all criteria equally when determining whether to waive juvenile into adult court.
State v. M.P., 2024AP32, 6/26/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s order waiving M.P. into adult court based on M.P.’s age and seriousness of the offense.
- 2. Waiver and reverse waiver
- B. Juvenile delinquency
- B. Delinquency proceedings
- 24. Jurisdiction, etc
- 26. Juvenile proceedings
June 28, 2024
SCOTUS requires jury to find whether prior offenses occurred on different occasions to enhance sentence under Armed Career Criminal Act
Erlinger v. United States, USSC No. 23-370, June 21, 2024, vacating United States v. Erlinger, 77 F.4th 617 (7th Cir. 2023); Scotusblog page (with links to briefs and commentary) Whether offenses committed on three “occasions different from one another” for purposes of federal Armed Career Criminal Act must be found by a jury beyond a […]
- 1. Mandatory minimum
- a. Apprendi
- B. Opinions
- 3. Particular statutes
- E. Enhancers
- 5. Proof
- Persistent offender
- 6. Timing of prior
- G. Mandatory penalties
- 11. Defense Wins
- 36. Sentencing
- 44. SCOTUS
June 27, 2024
SCOW approves rule petition creating expedited appeal procedure for orders under 971.14
In the Matter of Proposed Rules Relating to Appellate Court Proceedings From Orders Entered Pursuant to Wis. Stat § 971.14 Regarding Pretrial Competency Rulings in Criminal Cases, Order Filed 5/2/2024; effective July 1, 2024. In response to an increasing amount of appeals pertaining to competency, particularly of medication orders, SCOW approves a new appellate mechanism […]
June 26, 2024
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