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COA affirms 51.20 commitment for alcoholism as matter of first impression
Vernon County v. F.W.R., 2024AP203, District IV, 11/6/24 (one-judge decision; ineligible for publication); case activity COA rejects F.W.R.’s challenges to his involuntary commitment order under Wis. Stat. § 51.20 for alcohol dependence, concluding that a person may be involuntarily committed for treatment for alcoholism, the circuit court followed the proper procedures and the county met […]
- A. Ch. 51, Mental health
- 1. Original commitment
- C. Unpublished Opinions
- c. Pattern of acts
- 3. Civil Commitments
- d. Mentally ill/drug dependent
- e. Proper subject of treatment
- f. 51.20(1)(a)2. Dangerousness
- 6. Procedures/hearings/evidence
- 46. WI Court of Appeals
November 27, 2024
COA: Circuit court may, sua sponte, relieve parent from voluntarily terminating parental rights when extraordinary circumstances are presented.
M.S. v. R.F., 2024AP814, District I, 11/19/24 (one-judge decision; ineligible for publication); case activity The Court of Appeals affirmed the circuit court’s order granting M.S. (referred to as Michelle) relief from her voluntary termination of parental rights because her decision to terminate was premised on terminating R.F.’s (referred to as Richard) parental rights, and the […]
November 22, 2024
COA rejects ineffectiveness appeal litigated by TPR petitioner on procedural grounds
N.C. v. R.G., 2024AP996, District II, 11/20/24 (one-judge decision; ineligible for publication); case activity In a TPR appeal with a very unusual posture, COA rejects the petitioner’s appeal given her failure to abide by the rules of appellate procedure.
November 20, 2024
COA holds that trial court properly removed adversary counsel in CHIPS case; reverses order reducing lawyer’s fee
Richland County DH&HS v. D.M.K., 2022AP2190, District IV, 11/14/24 (one-judge decision; ineligible for publication); case activity In a somewhat rare CHIPS appeal, COA upholds the circuit court’s decision to remove adversary counsel but reverses the court’s order modifying that attorney’s request for fees.
SCOW grants review of per curiam defense win in revocation case
State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, petition for review of a per curiam court of appeals decision, granted 11/12/24; 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, […]
- A. Review Grants
- C. Revocation
- 4. Cross-examination
- 5. Certiorari review
- 31. Probation/ES
- 45. WI Supreme Court
- Pending in SCOW
- Uncategorized
November 17, 2024
SCOW grants review of defense win as to vouching
State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; case activity In a case that we correctly identified as SCOW bait, SCOW accepts review of the State’s petition for review asking to modify the substantive law on vouching as applied by COA. The case is also […]
- A. Review Grants
- D. Ineffective Assistance
- 6. Vouching for Other Witness
- F. Witnesses, Ch. 906
- 8. Counsel, 6th Am.
- 15. Evidence
- 45. WI Supreme Court
- Pending in SCOW
November 15, 2024
SCOW grants review to resolve whether an expunged conviction for a misdemeanor crime of domestic violence under Wisconsin law qualifies as an “expungement” under federal law for purposes of obtaining a firearm.
Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, petition for review of a published court of appeals decision, granted 11/12/24; case activity (including briefs) SCOW granted review to determine whether an expunged conviction for a misdemeanor crime of domestic violence under Wisconsin law qualifies as an “expungement” under 18 U.S.C. § 921(a)(33)(B)(ii) for purposes of obtaining […]
November 14, 2024
COA upholds restitution award and denial of postconviction IAC claim
State v. Lynetta Lake, 2024AP115-CR, 11/12/24, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) Lake pleaded guilty to negligent operation of a motor vehicle and hit and run of an attended vehicle. Following a hearing, the circuit court ordered restitution. Lake filed a postconviction motion alleging ineffective assistance of counsel for failing […]
- C. Unpublished Opinions
- D. Type of punishment
- e. Hearing
- 6. Restitution
- 14. Ineffective assistance of counsel
- 22. Restitution decision
- 36. Sentencing
- 46. WI Court of Appeals
November 13, 2024
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