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State v. N.H., 2024AP597, District I, 9/4/24 (one-judge decision; ineligible for publication); case activity B.W. forecloses N.H’s TPR appeal that his plea was involuntary because the circuit court misled him regarding the burden of proof at the dispositional phase. N.H was advised at his initial appearance on the State’s petition to terminate his parental rights… Read more

E.S. v. K.R.K., 2024AP1174, District II, 8/28/24 (one-judge decision; ineligible for publication); case activity In yet another chapter in the ongoing “burden of proof” saga in TPR world, COA swats away K.R.K.’s constitutional challenge while also holding that she is not entitled to a new dispositional hearing at which time an explicit burden of proof… Read more

July brought another bevy of interesting cases. As usual, we’ve tried to select those most relevant to our audience: United States of America v. Zebulon Xavier Marzette, No. 23-1646: Marzette tries to attack his conviction for possession of a firearm as a felon by challenging the DNA evidence which allegedly showed he had touched that firearm… Read more

Brown County v. L.M.R., 2023AP2314, District III, 8/6/24 (one-judge decision; ineligible for publication); case activity COA rejects all of L.M.R.’s challenges raising commonly-litigated appellate issues and affirms in this Chapter 51 case given some less-than favorable facts. This is an appeal of an initial commitment order entered in 2022 after “Luke” was found wandering the… Read more

State v. Terron Anthony Clayborn, 2023AP283-CR, 8/20/24, District I (not recommended for publication); case activity In a case presenting a common postconviction fact pattern alleging an improper promise by counsel, COA affirms despite postconviction testimony largely corroborating the defendant’s account. Clayborn pleaded guilty to two felonies following a fatal accident. (¶1). In exchange for his… Read more

State v. Rodriguez, 2024AP481, 8/14/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s decision to exclude relevant, but inadmissible, evidence at refusal hearing because witness lacked personal knowledge. Rodolfo Rodriguez sought at his refusal hearing to cross-examine Police Officer A regarding Police Officer’s B’s interactions with him during a traffic… Read more

State v. Joseph B. Venable, 2023AP1367, 8/15/24, District IV (1-judge decision, ineligible for publication); case activity COA affirms circuit court judgment convicting Venable of first offense operating a motor vehicle while under the influence of controlled substances under Wis. Stat. § 346.63(1)(a), due to his use of prescription medications. A trooper pulled Venable over after… Read more