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State v. Justin J. Kahle, 2022AP1555-CR, District II, 1-judge decision, ineligible for publication; case activity (including briefs) In a case heavily reliant on SCOW’s decision in County of Grant v. Vogt, the court of appeals easily concludes that law enforcement did not seize an intoxicated motorist by virtue of shining a spotlight into that motorist’s parked… Read more

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State v. Mitchell D. Green, 2023 WI 57, 6/29/23, review of an unpublished court of appeals decision; case activity (including briefs) In yet another reversal of a defense win, a divided Court upholds the circuit court’s exercise of discretion, despite serious criticisms of the circuit court’s reasoning made by the dissenters. (See our previous posts… Read more

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State of Wisconsin v. J.L.A., 2023AP424, District I, 6/27/23, 1-judge decision ineligible for publication; case activity (briefs not available) In a TPR appeal with a typically tragic fact pattern, the court of appeals defers to the circuit court’s decision to terminate “Julia’s” parental rights. Here, the State successfully obtained an order terminating Julia’s parental rights… Read more

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Manitowoc County H.S.D. v. T.H., 2022AP1631, District II, 7/5/23, 1-judge decision ineligible for publication; case activity (briefs not available) Applying a deferential standard of review, the court of appeals rejects T.H.’s attempts to obtain CPS records he claims are essential to present a complete defense in a related criminal case. “Evan” was placed with T.H… Read more

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State v. Aman Deep Singh, 2022AP1202-04, District I, 7/5/23, 1-judge decision ineligible for publication; case activity (including briefs) In a somewhat messy pro se appeal, the court of appeals agrees that the circuit court improperly required Singh to reimburse attorney’s fees but rejects his remaining claims. Singh managed to pick up three OWI cases within the… Read more

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State v. A.G., 2023 WI 61, 6/30/23, reversing an unpublished decision of the court of appeals; case activity (briefs not available) In a closely-watched appeal involving tricky questions regarding plea withdrawal in TPR cases, a fractured court agrees that the court of appeals got it wrong but fails to otherwise develop the law. (See our… Read more

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Walworth County v. M.R.M., 2023 WI 59, 6/29/23, on certification from the court of appeals; case activity (briefs not available) In a case with potentially far-reaching implications for Chapter 51 appeals, the Wisconsin Supreme Court issues a narrow holding that leaves a major D.J.W. issue for another day. (See our previous posts on this case here and here.)… Read more

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June 2023 publication list

On June 28, 2023, the court of appeals ordered publication of one criminal law related decision: State v. Tracy Laver Hailes, 2023 WI App 29 (circuit court can’t apply § 939.62(1) and § 961.48 penalty enhancers at the same time)… Read more

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