Barron County DHS v. M.S., 2020AP1257, District 3, 12/17/20, (1-judge opinion, ineligible for publication); case activity If we were quarantining in Vegas, we’d bet this case is heading to SCOW. The briefs are confidential but the main issues appear to be: whether the summary judgment deadline in §802.08(1) governs TPR cases; whether a court may… Read more
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Outagamie County v. R.W., 2020AP1171-FT, 12/17/20, District 3, (1-judge opinion, ineligible for publication); case activity Nobody testified that Rachel behaved dangerously during her extant commitment. Her doctor had no knowledge of medication non-compliance. A social worker once saw a Haldol pill on a plate on a counter and inferred that Rachel had not taken her… Read more
Fond Du Lac County v. R.O.V., 2019AP1228, 2020AP853, 12/16/20, District 2 (1-judge opinion, ineligible for publication); case activity In these consolidated cases, the court of appeals reviewed both Ray’s initial commitment and his 2nd recommitment (not his 1st recommitment), which has not yet ended. Although the initial commitment order expired long ago, the court held… Read more
State v. Gerald D. Taylor, 2019AP1244-CR, District 1, 12/15/20, (not recommended for publication); case activity (including briefs) In 1999, a court imposed two, consecutive, 30-year indeterminate sentences on Taylor for child sexual assault. Accounting for the parole system in place, the court told Taylor he would be eligible for parole after serving one-quarter (15 years)… Read more
Wisconsin is not alone. According to the ABA Journal, an Ohio Supreme Court justice has removed a trial court judge from 2 trials for allegedly failing to follow appropriate COVID precautions… Read more
Jama I. Jama v. Jason C. Gonzalez, 2021 WI App 3; case activity (including briefs) In Wisconsin, a person who brings a legal malpractice suit against the lawyer who represented the person in a criminal case must prove, among other things, that he or she is actually innocent of the criminal charge. Skindzelewski v. Smith… Read more
State v. Thomas A. Nelson, 2021 WI App 2; 12/9/20, District 2; case activity (including briefs). This split court of appeals opinion, which is recommended for publication, has “petition granted” written all over it. Crawford v. Washington, 541 U.S. 36, 68 (2004) held that a trial court violates a defendant’s right to confrontation when it… Read more
Washington County v. James Michael Conigliaro, 2020AP888, District 2, 12/9/20 (1-judge opinion, ineligible for publication); case activity (including briefs) Conigliaro appealed an order finding that he refused to submit to an evidentiary chemical test. He argued that the arresting officer, Joseph Lagash, led him to believe that he had the right to consult with an… Read more
