Douglas County DHHS v. J.S., 2021AP1123, District 3, 12/29/21 (one-judge decision; ineligible for publication); case activity The court of appeals rejects J.S.’s claim that the County didn’t prove it made a reasonable effort to provide her with the services she was ordered in the CHIPS proceeding to use as a condition for returning her child… Read more
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We reported recently that the court of appeals has asked the supreme court to review a case challenging the ballot question that led to the adoption of Marsy’s Law in Wisconsin. As reported here, on the same day the court of appeals issued its certification, the Pennsylvania Supreme Court struck down the adoption of Marsy’s… Read more
A new order from the 7th Circuit provides that oral arguments scheduled through January 31st will be argued telephonically or by video. Counsel also has the option of waiving oral argument. Will SCOW follow suit… Read more
State v. T.A., 2020AP1350, 12/28/21, District 3 (1-judge opinion, ineligible for publication); case activity Tanner (16) had sex with a girl (16) after she told him to “stop.” The circuit court adjudicated him delinquent and imposed but stayed a requirement that he register as a sex offender. Subsequently, the court lifted the stay and ordered… Read more
On December 27, 2021, the court of appeals ordered publication of the following criminal law related decisions: State v. Laverne Ware, Jr., 2021 WI App 83 (emergency aid exception justified entry into garage where corpse was found) State v. Alex Scott Stone, 2021 WI App 84 (restitution award twice the value of the victim’s property… Read more
State v. Nestor Luis Vega, 2021AP126-CR, District 4, 12/23/21 (not recommended for publication); case activity (including briefs) Vega testified at his trial on drug delivery charges and denied he had sold drugs to the informant and that the informant was not telling the truth. (¶12). On cross examination, the prosecutor, over defense counsel’s objections, asked… Read more
State v. Randy J. Promer, 2020AP1715-CR, 12/21/21, District 3 (not recommended for publication); case activity (including briefs). Last term, SCOTUS rejected the idea that “community caretaking” is a standalone doctrine that justifies warrantless searches and seizures in the home. See Caniglia v. Strom, 141 S. Ct. 1596 (2021). Concurring opinions raised the possibility that the… Read more
Waupaca County v. G.T.H., 2021AP1490, 12/23/21, District 4 (1-judge opinion, ineligible for publication); case activity At Waupaca County’s request, the circuit court entered recommitment and medication orders against G.T.H. Six months later, the County conceded that the circuit court had failed to make the factual findings required by Langlade County v. D.J.W., 2020 WI 41, ¶¶3… Read more
