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COA affirms circuit court’s decision to proceed under voluntary termination of parental rights statute, Wis. Stat. § 48.41
A.K.B. v. J.J.G., 2024AP1116, 10/9/24, District II (one-judge decision; ineligible for publication); case activity “Jay” appeals from orders terminating his parental rights and denying his postdisposition motion, arguing the circuit court erroneously exercised its discretion when it terminated his parental rights under the voluntary termination statute, Wis. Stat. § 48.41, rather than applying the hearing […]
- 1. Appeals
- 1. Right to notice/participation
- 1. Harmless error
- a. Webcam
- 1. Admission to grounds
- C. Unpublished Opinions
- C. Voluntary termination Sec. 48.41
- E. Procedure
- F. Fact-finding, Sec. 48.424
- G. Disposition, Secs. 48.426-427
- 8. Procedures
- I. Appeal
- L. Harmless Error
- 25. TPR
- 40. TPRs
- 46. WI Court of Appeals
October 14, 2024
COA reverses order to suppress because driver of vehicle not seized; dissent disputes reasonable person surrounded in vehicle by police would feel free to leave.
State v. Kahreem Rashah Wilkins, Sr., 2023AP1385-CR, 10/8/24, District I (not recommended for publication); case activity In a 2-1 decision, the Court of Appeals reversed the circuit court’s order granting Kahreem Wilkins’ motion to suppress evidence seized from his vehicle. The majority found that Wilkins was not seized when police approached the vehicle and saw […]
- 1. Stops, in general
- 2. Plain view
- C. Unpublished Opinions
- C. Warrant unnecessary
- 5. High crime areas
- 6. Test for seizure
- G. Reasonable suspicion
- 35. Search & Seizure
- 46. WI Court of Appeals
October 11, 2024
COA: Circuit court exercised discretion at disposition despite not explicitly considering one factor
State v. S.O., 2024AP1350, 10/8/24, District I (one-judge decision; ineligible for publication); case activity S.O. (“Sarah”) challenges the order terminating her parental rights to her son, “Daniel,” arguing that the circuit court erroneously exercised its discretion at disposition when it failed to explicitly consider Daniel’s wishes.
SCOW grants review of conviction “switcheroo”
State v. McAdory, 2023AP645-CR, petition for review of a published court of appeals decision, granted 10/7/24; case activity (including briefs) In a case with potential ramifications for future OWI appeals, SCOW has opened yet another chapter in this ongoing appellate saga.
October 10, 2024
SCOW accepts review of case involving defense speedy trial win
State v. Ramirez, 2022AP959, petition for review of a published court of appeals decision, granted 10/7/24; case activity (including briefs) In a case involving what we labeled as a “big” defense win, SCOW accepts the State’s petition for review asking for clarification of the law pertaining to constitutional speedy trial violations.
COA rejects challenges to TPR order and affirms
Waushara County DHS v. A.M.S., 2024AP730-733, District IV, 10/3/24 (one-judge decision; ineligible for publication); case activity In a dense and fact-specific opinion, COA rejects A.M.S.’s attempts to argue that she was precluded from presenting relevant evidence at her TPR trial and affirms.
COA rejects pro se defendant’s new trial claims
State v. Richard A. Hoeft, 2021AP1636, 10/1/24, District 3 (one-judge appeal; ineligible for publication); case activity Hoeft, pro se, appeals a jury verdict convicting him of fraud on an innkeeper and an order denying his postconviction motion. Hoeft raises numerous claims on appeal, all of which the COA rejects as “largely undeveloped and lacking merit” […]
- B. Assertion/waiver of right
- B. Discovery
- 3. Prosecutorial duties/failures
- 3. Forfeiture/waiver
- E. Opening argument
- G. Closing argument
- 8. Counsel, 6th Am.
- 30. Pretrial proceedings
- 32. Prosecutor misconduct
October 6, 2024
Defense Wins: Involuntary medication order for incompetent criminal defendant may not be based solely on dangerousness.
State v. N.K.B., 2023AP722-CR, 10/1/24, District I (recommended for publication); case activity N.K.B. (referred to as Naomi) was found incompetent to proceed on her criminal charges. The circuit court authorized involuntarily administering medication to Naomi because she was dangerous. Naomi argued on appeal that the circuit court did not have authority to authorize involuntarily medicating […]
- B. Published opinions
- 2. Medication proceedings
- C. Involuntary medication
- 3. Civil Commitments
- 4. Competency of defendant
- F. Sec. 971.14 commitments
- Published 2024
- 46. WI Court of Appeals
October 4, 2024
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