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. The facts in this… Read more
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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. “Taylor” is the mother of five children who were removed from her care following allegations of neglect and abuse. (¶2). Taylor… Read more
In May, June and July COA released a number of published decisions: In May, COA ordered the publication of four decisions relevant to our practice: State v. Raymand L. Vannieuwenhoven, 2024 WI App 27 (holding that police did not act unlawfully in using a “ruse” to obtain Vannieuwenhoven’s saliva for DNA analysis related to a… Read more
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. The delinquency petition alleged that Jacob was hanging out with friends when… Read more
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… Read more
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. There really isn’t much to say about this TPR appeal. J.B. lost custody of her child following allegations of neglect… Read more
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. Wis… Read more
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… Read more
