Page 7 of 986
7th circuit affirms denial of habeas relief in pre-Smith confrontation clause analysis
Christopher Roalson v. Jon Noble, No. 22-2833, 8/28/24 The Seventh Circuit affirms an order denying habeas relief, applying pre-Smith law on the confrontation clause, as the underlying WI COA decision dates back to 2014. The Court concludes that the rule the COA applied–“one expert cannot act as a mere conduit for the opinion of another” […]
- A. Generally
- c. Expert testimony
- D. Hearsay
- F. Unavailable witness
- 6. Confrontation, 6th Am.
- j. "Testimonial" Evidence
September 18, 2024
SCOW accepts review of case that will clarify standard of proof for TPR dispositional hearings
State v. H.C., 2023AP1950, petition for review of an unpublished court of appeals decision granted 9/11/24; case activity (including briefs) In a seemingly inevitable grant given a flood of appeals raising an identical issue, SCOW has accepted review of this unpublished TPR decision, which held–for the first time in Wisconsin law–that the preponderance of the […]
September 17, 2024
COA: Plea to grounds for TPR entered knowingly, despite circuit court misstating burden of proof that would apply at disposition.
State v. B.M., 2024AP414, District I, 9/10/24 (one-judge decision; ineligible for publication); case activity In a replay of last week’s decision in N.H., on which we posted here, the Court of Appeals affirmed the circuit court’s order denying B.M.’s motion to withdraw her no-contest plea to the grounds of the petition to terminate her parental […]
September 12, 2024
COA: Partially fenced back patio of apartment not within curtilage of home
State v. Jennifer Moustafa, 2022AP1315, 9/10/24, District III (1-judge decision, ineligible for publication); case activity COA affirms the circuit court’s denial of Moustafa’s motion to suppress evidence, concluding that consideration of the four Dunn factors do not support a determination that Moustafa’s patio is within the curtilage of her home.
COA: Expert evidence not necessary to continue protective placement under Ch. 55.
Ozaukee County v. S.S., 2024AP759, District II, 9/11/24 (one-judge decision; ineligible for publication); case activity In determining whether to continue protective placement under Chapter 55, the County does not need to present an expert witness to establish an individual continues to meet the criteria for placement, and the circuit court may rely on the entire […]
- 3. Civil Commitments
- C. Unpublished Opinions
- C. Ch. 55, Protective placement
- 46. WI Court of Appeals
September 11, 2024
In HUGE defense win, COA emphasizes that obtaining an involuntary med order is no walk in the park for the State
State v. J.D.B., 2023AP715-CR, 9/10/24, District I (recommended for publication); case activity In a recommended-for-publication decision, COA wholly endorses all of J.D.B.’s arguments requiring a high burden of proof when the State seeks an involuntary medication order in order to render a defendant competent to stand trial. Along the way, COA offers a bevy of […]
COA: TPR defendant not misled regarding burden of proof at disposition hearing during plea colloquy
State v. N.H., 2024AP597, District I, 9/4/24 (one-judge decision; ineligible for publication); case activity B.W. forecloses N.H’s TPR appeal that his plea was involuntary because the circuit court misled him regarding the burden of proof at the dispositional phase.
September 5, 2024
COA rejects constitutional challenge to TPR dispositional statute; holds that parent is not entitled to new dispositional hearing applying preponderance of the evidence burden
E.S. v. K.R.K., 2024AP1174, District II, 8/28/24 (one-judge decision; ineligible for publication); case activity In yet another chapter in the ongoing “burden of proof” saga in TPR world, COA swats away K.R.K.’s constitutional challenge while also holding that she is not entitled to a new dispositional hearing at which time an explicit burden of proof […]
- 1. Appeals
- B. Constitutional rights
- C. Unpublished Opinions
- 5. Constitutionality of statute
- G. Disposition, Secs. 48.426-427
- K. Standards of Review
- 40. TPRs
- 46. WI Court of Appeals
August 29, 2024
Page 7 of 986
