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Derrick P. v. Anita P., 2014AP2570 & 2014AP2571, District 4, 7/23/15 (one-judge decision; ineligible for publication); case activity Anita P. raised equal protection and due process challenges to § 48.415(4)(a) for the first time on appeal, and the court of appeals finds it’s not in the interest of justice to decide the challenges. We describe… Read more

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On Point is On Hiatus!

Dear readers: On Point will be in “maintenance mode” for the new few weeks so that we can do some updating and redesigning. We’ll let you know when it is back up. Don’t worry. You won’t miss anything. Posts on cases issued during the hiatus will be waiting for you when On Point returns.  See… Read more

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A Toast to Judge Brown!

Richard Brown, one of the original judges elected to the Wisconsin Court of Appeals in 1978, retires this week. Thirty-seven years of judging translates into some pretty impressive statistics. According to a Westlaw Reference Attorney, Judge Brown appears in their database as the member of a panel on 6,511 opinions (and that doesn’t count one-judge… Read more

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Last December then Chief Justice Abrahamson wrote a concurrence to State v. Gonzalez, which publicized SCOW’s new procedures and deadlines for drafting, circulating, and issuing opinions. Abrahamson criticized the procedures partly because SCOW adopted them in private and partly because they eliminated the conferences where justices discussed their draft opinions and their thoughts about writing… Read more

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Kenosha County DHS v. A.C., 2015AP151, District 2, 7/22/15 (one-judge decision; ineligible for publication); case activity Trial counsel for A.C. in his TPR proceeding wasn’t ineffective for failing to tell A.C. that his incarceration was not enough by itself to terminate his parental rights or for failing to challenge the TPR proceeding on the basis that the grounds were unconstitutional as… Read more

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State v. Jon F. Winant, 2014AP1944, District 1, 7/21/16 (not recommended for publication); case activity (including briefs) Paperwork created by DOC during the revocation of Winant’s parole and probation for having unsupervised contact with A.G., a minor, was properly admitted at Winant’s ch. 980 trial under § 908.03(8), the public records and reports exception to the hearsay… Read more

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Driveway wasn’t part of curtilage

Oconto County v. Joseph R. Arndt, 2014AP2955, District 3, 7/21/15 (one-judge decision; ineligible for publication); case activity (including briefs) Arndt was not arrested within the curtilage of his home under the test established by United States v. Dunn, 480 U.S. 294 (1987). Police arrested Arndt for OWI after they found him passed out, sprawled halfway inside and… Read more

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Walworth County DHS v. M.M.L., 2014AP2845, 7/15/15, District 2 (one-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals affirms the involuntary commitment for M.M.L. under § 51.20(1)(a)2.c., which requires evidence of impaired judgment based on recent acts or omissions showing a substantial probability that she would physically impair or injure herself or… Read more

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