Waukesha County DH&HS v. K.R.G., 2016AP222, 4/20/16, District 2 (1-judge opinion; ineligible for publication); case activity The court of appeals here holds that a mom’s failure to follow court orders and failure to make court appearances were egregious enough to justify a default finding of grounds for terminating her parental rights even though she asserted… Read more
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Welch v. United States, USSC No. 15-6418, 2016 WL 1551144 (April 18, 2016), vacating and remanding an unpublished order of the 11th Circuit; Scotusblog page (including links to briefs and commentary) Associate Federal Defender Shelley Fite has kindly agreed to provide her take on the high court’s latest: Federal defenders and procedure wonks naturally appreciate Welch v. United… Read more
Lawyers tracking how Wisconsin’s appellate courts are interpreting Wis. Stat. § 907.02(1), governing the admissibility of expert testimony, might be interested in this development. Seifert v. Balnik, the first Daubert case to reach SCOW was on track to be decided this term. It was twice listed for, and twice removed from, the oral argument schedule. According… Read more
State v. M.K., 2015AP2098, District 1, 4/19/16 (one-judge decision; ineligible for publication); case activity While the second (and final) extension of M.K.’s original CHIPS dispositional order listed only one of the three conditions M.K. had to meet for return of her son, the original order and first extension listed all three, and that’s good enough in the eyes of the court… Read more
State v. Gary F. Lemberger, 2015AP1452-CR, 4/14/2016, District 4 (one-judge decision; ineligible for publication), petition for review granted 10/11/2016, affirmed, 2017 WI 39; case activity (including briefs) A breathalyzer test is a Fourth Amendment search, and state case law holds that the state may not invite a jury to view a defendant’s refusal to consent to a search… Read more
SCOW watchers might find today’s 3-3 split in Yasmine Clark v. American Cyanamid Company, 2014AP775 interesting. The appeal raises an important constitutional issue in the context of a lead paint products liability case. The court of appeals’ certification asks: Does applying WIS. STAT. § 895.046—which prohibits plaintiffs from asserting claims against manufacturers of white lead carbonate… Read more
Jefferson County Department of Human Services v. J.V., 2015AP2622, 2623, & 2624, 4/14/2016, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) J.V. appeals the termination of her parental rights to her three younger children, arguing the circuit court erred in excluding evidence that she had succeeded in having her eldest child returned… Read more
State v. Andrew G. Chitwood, 2016 WI App 36; case activity (including briefs) In theory, Wisconsin’s new test for the admissibility of expert testimony “is flexible but has teeth.” State v. Giese, ¶19. In practice, it’s flexible and has dentures. Literally every Daubert challenge litigated on appeal since Wis. Stat. §907.02 became effective has failed. The court… Read more
