State v. Morris V. Seaton, 2021AP1399-CR, certification granted 3/24/23; remanded, 2023 WI 69;District 2; case activity (including briefs) case activity (including briefs) Question presented (from the court of appeals’ certification): In light of the 2014 amendment of WIS. STAT. § 904.04(2)(b) (2019-20), codifying and expanding the “greater latitude” rule and the Wisconsin Supreme Court’s decision… Read more
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State v. Y.P.V., 2022AP1935-36, 3/21/23, District 1 (1-judge opinion, ineligible for publication); case activity The court of appeals reversed and remanded this TPR for two reasons. First, the mom made a prima facie case that her “no contest” plea to grounds was not knowing, intelligent, and voluntary because, during the plea colloquy, the circuit court… Read more
Waukesha County DHHS v. M.A.S., 2022AP877, District 2, 3/22/23 (one-judge decision; ineligible for publication); case activity R.B. (Rose), a daughter of M.A.S. (Mary), filed an appeal of an order granting the County’s petition for a protective placement of Mary. The court of appeals holds Rose doesn’t have standing to appeal the order. Section 55.20 identifies… Read more
State v. Jenny E. Clark, 2022AP495-CR, District 4, 3/23/23 (one-judge decision; ineligible for publication); case activity (including briefs) Clark’s Minnesota administrative suspension for operating with a prohibited alcohol concentration counts as a prior OWI conviction under State v. Carter, 2010 WI 132, 330 Wis. 2d 1, 794 N.W.2d 213. Clark was charged with OWI 2nd… Read more
The filing of an Emergency Protective Placement petition under §55.135(1) triggers a probable cause hearing within 72 hours. Once the court finds probable cause it may order a temporary protective placement for up to 30 days pending a hearing on a permanent protective placement. Wis. Stat. §55.135(5). Sometimes the client wants to exercise her right… Read more
State v. Adekola John Adekale, 2022AP1351, 3/9/20223, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Adekale’s vehicle for speeding and having a bad taillight. Adekale parked his car in a parking lot on the south side of a Motel 6. There were six passengers in the car, who “kept… Read more
Marathon County v. T.R.H., 2022AP1394, 3/14/23, District 3 (1-judge opinion, ineligible for publication); case activity Counties often seek recommitment under §51.20(1)(a)2.c, the third standard of dangerousness. It is the easiest standard to satisfy–especially at the recommitment stage. But not this time. The court of appeals held that the county can’t just offer testimony that, at… Read more
Brown County v. J.J., 2021AP1079, District 3, 3/7/23 (one-judge decision; ineligible for publication); case activity Before an Indian child subject to a CHIPS proceeding is placed out of the home of his or her parent or Indian guardian, § 48.028(4)(d)2. and the federal Indian Child Welfare Act (ICWA) both require, among other things, proof by… Read more
