This month features some interesting Fourth Amendment cases, a few decisions on guns, as well as a successful challenge to a Wisconsin statute which prohibits the “harassment” of hunters. United States of America v. Monica Wright, No. 22-2922: This case presents a knotty Sixth Amendment challenge premised on an alleged “actual conflict of interest.” At… Read more
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State v. Batterman, 2022AP181, 11/28/23, District III (ineligible for publication); case activity Given the discretionary standard of review used to assess a circuit court’s evidentiary rulings, COA wastes no time in upholding the court’s order excluding evidence the defendant did well on some field sobriety tests at a second offense PAC trial. Batterman was originally… Read more
Racine County v. B.L.M., 2023AP757, 11/22/23, District II (ineligible for publication); case activity Despite a creative challenge to a continued protective placement order, COA rejects any argument that the circuit court lost competency by failing to timely reappoint a GAL in this protective placement appeal. § 55.18 lists the required procedures for an annual review… Read more
Jackson County DHS v. R.H.H., 2023AP1229-1232, 11/16/23, District IV (one-judge decision, ineligible for publication); case activity In Kenosha Cnty. DHHS v. Jodie W., 2006 WI 93, ¶56, 293 Wis. 2d 530, 716 N.W.2d 845, the court overturned a TPR order premised on a parent’s failure to meet “an impossible condition of return, without consideration of… Read more
Graham L. Stowe v. Gregory Van Rybroek, 18-CV-400-wmc (W.D. Wis. 11/6/23). Having recently prevailed on a judicial bias claim in state court, Stowe makes a return appearance to the blog on his 2018 federal habeas petition. Unfortunately, the Western District of Wisconsin denied the petition, which had been pending for close 5 years. The petition… Read more
Although we know that this blog is “wisconsinappeals.net” we also acknowledge that many of our readers might also practice in Wisconsin’s federal courts, or have a general interest in developments from the Seventh Circuit. To that end, the blog is trying out a new feature, one in which we use our editorial special sauce to… Read more
State v. J.A.J., 2022AP2066, 11/14/23, District I (ineligible for publication); case activity In a noteworthy juvenile appeal, COA rejects a novel argument highlighting the dysfunctional nature of our juvenile justice system as caused by the “closure” of Lincoln Hills. J.A.J. appeals a dispositional order for the serious juvenile offender program (SJOP) with placement at Lincoln… Read more
State v. B.M., 2023AP1137, 11/14/23, District I (ineligible for publication); case activity Despite an intervening decision from SCOW which generated skepticism as to whether parents can obtain plea withdrawal when a circuit court miscommunicates the burden of proof in a TPR plea colloquy, COA nevertheless reverses and remands in this case presenting yet another “A.G.”… Read more
