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Circuit court properly granted summary judgment based on failure to respond to requests for admission and trial counsel was not ineffective for failing to respond
Kenosha County DC&FS v. A.G.O., 2023AP1305, 1307 & 1308, 5/8/24, District II (one-judge decision; ineligible for publication); case activity In yet another TPR case involving allegations of ineffective assistance, COA affirms based on hard-to-overcome legal standards.
- a. Effective assistance
- 2. Counsel
- 2. Prejudice
- b. Prejudice not found
- B. Constitutional rights
- C. Unpublished Opinions
- D. Ineffective Assistance
- E. Procedure
- 8. Counsel, 6th Am.
- 10. Summary judgment
- 40. TPRs
- 46. WI Court of Appeals
May 14, 2024
DOC employees who miscalculated up to 1,500 sentences are denied qualified immunity by Seventh Circuit
John Sabo v. Megan Erickson, No. 21-3332, 4/30/24 In an interesting § 1983 appeal, Sabo reveals a disturbing trend of miscalculated sentences by the Wisconsin DOC.
May 13, 2024
Seventh Circuit holds that habeas petitioner is not entitled to relief due to conflict of interest
Keith C. Henyard v. Cheryl Eplett, No. 22-3086, 4/26/24 Although Henyard argues that his conviction must be reversed because the lawyer who represented him was also the judicial official who bound him over for trial, the Seventh Circuit denies relief and holds that the Wisconsin Court of Appeals did not erroneously apply governing federal law.
COA dismisses “recency argument” and affirms Ch. 51 commitment
Winnebago County v. A.F.H., 2023AP1798, 5/1/24, District II (one-judge decision; ineligible for publication); case activity In this chapter 51 appeal from an order for involuntary commitment and treatment, and an order denying postdisposition relief, the court of appeals affirms, concluding that even without the inadmissible hearsay, sufficient evidence existed supporting the underlying orders.
May 10, 2024
Juvenile wins new hearing on whether stay of sex offender registration should be lifted; loses on judicial bias claim
State v. L.R.J., 2023AP1902, 5/8/24, District II (one-judge decision; ineligible for publication); case activity “Lincoln” succeeds on his claim related to sex offender registration due to the State’s concession but fails to rebut the presumption that the court acted impartially when revoking a stayed Serious Juvenile Offender (SJO) order.
Seventh Circuit cases for April
April was a busy month; we’ve tried to pull out those cases most relevant to our readers:
May 9, 2024
DNA profile created using saliva obtained through law enforcement “ruse” okayed by COA in published decision affirming cold case murder conviction
State v. Raymand L. Vannieuwenhoven, 2022AP882-CR, 4/30/24, District III (recommended for publication); case activity In this appeal from a cold case a murder conviction, the court issues a decision recommended for publication holding that law enforcement lawfully seized Vannieuwenhoven’s saliva and thereafter lawfully analyzed the DNA sample created from the saliva. The fact that law […]
May 8, 2024
Despite serious criticisms of doctor’s testimony, COA affirms 51 extension and involuntary med orders given contents of report
Brown County v. R.J.M., 2024AP206, 5/7/24, District II (one-judge decision; ineligible for publication); case activity Despite the doctor’s imprecise and generic testimony, COA holds that admission of his report resolves any deficiencies in the record and affirms.
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