Page 9 of 986
In published decision, COA holds that CR-215 procedure triggers attachment of right to counsel but denies relief given that law was “unsettled”
State v. Percy Antione Robinson, 2020AP1728-CR, 8/6/24, District I (recommended for publication); case activity In a published decision that criminal practitioners have been waiting on for years, COA holds that a CR-215 probable cause procedure used to satisfy the requirements of Riverside triggers the attachment of the Sixth Amendment right to counsel.
- A. Right to counsel
- 1. Generally
- 1. Deficient performance
- 1. Appeals
- b. Not found
- b. Prejudice not found
- 2. Critical Stage
- 2. Prejudice
- B. Published opinions
- C. Briefs/Appendices
- D. Ineffective Assistance
- 4. Argument
- h. Unpublished authority
- 8. Counsel, 6th Am.
- K. Standards of Review
- 26. Sufficiency of evidence
- Published 2024
- 28. Weight of authority
- 46. WI Court of Appeals
- Uncategorized
August 9, 2024
COA affirms discretionary termination order under deferential standard of review
State v. T.L., 2024AP859-863, 8/1/24, District I (one-judge decision; ineligible for publication); case activity In yet another TPR appeal challenging the circuit court’s discretionary termination order, COA affirms given the imposing standard of review.
- 1. Appeals
- C. Unpublished Opinions
- G. Disposition, Secs. 48.426-427
- 8. Discretionary decision
- K. Standards of Review
- 40. TPRs
- 46. WI Court of Appeals
August 7, 2024
COA affirms waiver of juvenile court jurisdiction
State v. J.C., 2024AP17, 7/30/24, District 1 (one-judge decision; ineligible for publication); case activity “Jacob” appealed from an order granting the state’s waiver petition on charges of first-degree reckless injury, first-degree recklessly endangering safety, and possession of a dangerous weapon. The COA affirms.
August 5, 2024
COA finds portions of juvenile suspect’s statements during marathon interrogation involuntary due to coercive interrogation techniques, but juvenile was not in custody for Miranda purposes; circuit court’s order suppressing all statements affirmed in part and reversed in part.
State v. Kruckenberg Anderson, 2023AP396-CR, 7/25/24, District IV (recommended for publication); case activity The tragic death of a newborn baby in the bucolic countryside of southwest Wisconsin prompted aggressive interrogation techniques by law enforcement that the Court of Appeals considered coercive in light of the suspect’s age of 16. But the court found that a […]
- a. Generally
- a. Police
- A. In-Custody, 5th Amendment
- 1. Miranda custody
- 1. Generally
- B. Published opinions
- C. Voluntariness
- d. Juvenile suspect
- 5. Coercion or misconduct
- 5. Confessions
- Published 2024
- 46. WI Court of Appeals
- Uncategorized
August 1, 2024
COA rejects attack on discretionary termination order under well-settled precedent
Dane County v. J.B., 2024AP985, 7/25/24, District IV (one-judge decision; ineligible for publication); case activity Because J.B.’s request that COA reweigh the dispositional factors in her favor is precluded by governing case law, COA affirms.
COA affirms ch. 51 commitment under third standard
Brown County v. J.D.T., 2023AP2339, 7/23/24, District 3 (one-judge decision; ineligible for publication); case activity J.D.T. challenges the his commitment under ch. 51 (second and third standards). The COA concludes that the county presented sufficient evidence of dangerousness under the third standard, Wis. Stat. § 51.20(1)(a)2.c., and therefore does not address the second standard.
- A. Ch. 51, Mental health
- 1. Original commitment
- 3. Civil Commitments
- c. Pattern of acts
- f. 51.20(1)(a)2. Dangerousness
July 26, 2024
Two interesting links for appellate practitioners
In the Wisconsin Lawyer, Retired Milwaukee County Circuit Court Judge Christopher R. Foley has an insightful piece titled “Left in the Dark: State v. A.G. & Burden of Proof in Involuntary TPR Dispositional Hearings.” The article contains an interesting analysis of the current state of the law, along with some arguments Judge Foley believes have […]
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