Winnebago County v. D.E.W., 2023AP215, petition for review of an unpublished court of appeals decision granted 12/11/23; dismissed as improvidently granted 5/14/24, case activity (including briefs) SCOW accepts a case poised to resolve ongoing conflict in COA with respect to involuntary medication orders in Chapter 51 appeals. As we discussed in our post on this… Read more
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Columbia County v. Carter Ray Smits, 2023AP241, 12/7/23, District IV (one-judge decision; ineligible for publication); case activity Despite the analyst’s testimony that, given the margin of error for the lab result, it was “equally likely” Smits was under as opposed to over the legal limit, COA affirms. This appeal arises from a prosecution for a… Read more
State v. M.E.E., 2023AP1510, 11/28/23, District I (one-judge decision; ineligible for publication); case activity In a dense and fact-dependent opinion, COA affirms under well-settled standards of review. “Michael” attacks the sufficiency of the evidence with respect to both grounds found by the jury in this TPR appeal–continuing CHIPS and failure to assume parental responsibility. (¶7)… Read more
State v. T.J., 2023AP1239-1242, 11/28/23, District I (one-judge decision; ineligible for publication); case activity Despite a battery of legal challenges, COA swiftly and efficiently marches toward affirmance in this TPR appeal. “Tony’s” parental rights to four of his children were terminated following a jury trial. Accordingly, he first attacks three evidentiary rulings made during the… Read more
State v. Antonio G. Ramirez, Jr., 2021AP1590, 11/15/23, District 2 (recommended for publication); case activity (including briefs) There are some serious unresolved confrontation questions around statements alleged victims make in settings involving both medical treatment and criminal investigation: often, during a police-instigated physical examination after an alleged physical or sexual assault. Here, despite turning out… Read more
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
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
