Kenosha County DC&FS v. A.G.O., 2023AP1305, 1307 & 1308, 5/8/24, District II (one-judge decision; ineligible for publication); case activity In yet another TPR case involving allegations of ineffective assistance, COA affirms based on hard-to-overcome legal standards. “Adam” appeals TPR judgments involving three of his children. (¶1). He raises two issues: Summary Judgment In the run-up… Read more
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John Sabo v. Megan Erickson, No. 21-3332, 4/30/24 In an interesting § 1983 appeal, Sabo reveals a disturbing trend of miscalculated sentences by the Wisconsin DOC. Update: Well, that was short-lived. An en banc panel of the Court has now vacated this opinion and holds that the DOC employees were entitled to qualified immunity. We know… Read more
Keith C. Henyard v. Cheryl Eplett, No. 22-3086, 4/26/24 Although Henyard argues that his conviction must be reversed because the lawyer who represented him was also the judicial official who bound him over for trial, the Seventh Circuit denies relief and holds that the Wisconsin Court of Appeals did not erroneously apply governing federal law… Read more
Winnebago County v. A.F.H., 2023AP1798, 5/1/24, District II (one-judge decision; ineligible for publication); case activity In this chapter 51 appeal from an order for involuntary commitment and treatment, and an order denying postdisposition relief, the court of appeals affirms, concluding that even without the inadmissible hearsay, sufficient evidence existed supporting the underlying orders. The circuit… Read more
State v. L.R.J., 2023AP1902, 5/8/24, District II (one-judge decision; ineligible for publication); case activity “Lincoln” succeeds on his claim related to sex offender registration due to the State’s concession but fails to rebut the presumption that the court acted impartially when revoking a stayed Serious Juvenile Offender (SJO) order. Lift of SJO Order Following a… Read more
April was a busy month; we’ve tried to pull out those cases most relevant to our readers: Daniel Madero v. Owen McGuinness, No. 23-2574: This case arises from a lawsuit alleging a false arrest. After a hit-and-run accident, the victim and several witnesses tried to play vigilante and track down the culprit. They violently confronted… Read more
State v. Raymand L. Vannieuwenhoven, 2022AP882-CR, 4/30/24, District III (recommended for publication); case activity In this appeal from a cold case a murder conviction, the court issues a decision recommended for publication holding that law enforcement lawfully seized Vannieuwenhoven’s saliva and thereafter lawfully analyzed the DNA sample created from the saliva. The fact that law… Read more
Brown County v. R.J.M., 2024AP206, 5/7/24, District II (one-judge decision; ineligible for publication); case activity Despite the doctor’s imprecise and generic testimony, COA holds that admission of his report resolves any deficiencies in the record and affirms. This appeal of recommitment and involuntary medication orders presents three common issues, all of which are resolved with… Read more
