Milwaukee County v. T.L.R., 2018AP1131, 12/4/18, District 1 (1-judge opinion, ineligible for publication), case activity Here’s an issue of first impression for SCOW. Lessard v. Schmidt, 349 F. Supp. 1078, 1092 (E.D. Wis. 1972) established procedural and substantive due process rights for persons undergoing mental commitments. One of those rights is the right to particularized… Read more
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Fond du Lac County DSS & W.A.B. v. W.G.B. & K.L.B., 2017AP2468, 12/5/18, District 2 (one-judge decison; ineligible for publication); case activity W.A.B., a juvenile, was alleged to be delinquent for threatening her mother with a knife. She was found not competent to proceed, though, and so DSS filed a JIPS petition. See Wis. Stat… Read more
On November 28, 2018, the court of appeals ordered the publication of the following criminal law related decision: State v. Matthew C. Hinkle, 2018 WI App 67 (juvenile court’s waiver into adult court binds all future courts)… Read more
On October 31, 2018, the court of appeals ordered the publication of the following criminal law related decision: State v. Ronald Lee Baric, 2018 WI App 63 (defendant consented to search of his computer and had no expectation of privacy in files put on P2P file sharing network)… Read more
State v. Charles L. Neill, IV, 2019 WI App 4; petition for review granted 6/11/19, reversed, 2020 WI 15; case activity (including briefs) Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers: the one for having a BAC over .25 (Wis. Stat. §… Read more
State v. J.A., 2018AP1257, District 1, 12/4/18 (one-judge decision; ineligible for publication); case activity J.A.’s parental rights were terminated on the ground he failed to assume parental responsibility. He argues the CHIPS order itself created a substantial parental relationship, thereby precluding the state from using that ground to terminate his rights. Alternatively, he argues the CHIPS… Read more
State v. Steven L. Buckingham, 2017AP1852-CR, 12/4/18, District 1 (not recommended for publication), case activity (including briefs). When the court of appeals’ dismisses an appellant’s arguments on the grounds that they are “conclusory,” it’s always wise to check the briefs. In this case, Buckingham filed a fully-developed, well-organized 42-page brief in chief presenting 5 claims… Read more
State v. R.H., 2018AP1827, District 1, 12/4/18 (1-judge opinion, ineligible for publication); case activity The standard of review doomed this appeal, which argued that there was insufficient evidence to support the trial court’s finding that R.H. failed to assume parental responsibility during the grounds phase of a TPR. According to the court of appeals: ¶10… Read more
