State v. Ayodeji J. Aderemi, 2023 WI App 8; case activity (including briefs) This appeal concerns a problem many will encounter. An alleged attempt to e-file a document apparently failed. Here, the document was the State’s Information. Aderemi argued that the fumble caused the State to miss its filing deadline, so under §971.01(2) the circuit… Read more
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State v. James P. Killian, 2020AP2012, review of a published court of appeals decision granted 1/20/23; case activity Issues presented (from state’s PFR): Has the State exposed Killian to multiple prosecutions for the same offense in violation of double-jeopardy principles? The facts here are complex, and summarized in our post on the court of appeals decision… Read more
Winnebago County v. D.J.S., 2022AP1281, District 2 (one-judge decision ineligible for publication), case activity Accompanied by a familiar sounding caveat that “it certainly would have been better if the County had presented more evidence and the circuit court had been more detailed and specific in its oral determination,” the court of appeals rejects D.J.S.’s sufficiency… Read more
N.D. v. E.S., 2022AP1084, District 2, 01/25/23 (one-judge decision; ineligible for publication); case activity Nancy (N.D.) petitioned to terminate Ed’s (E.D.’s) parental rights on the grounds that he abandoned their daughter, Kim. See Wis. Stat. § 48.415(1). At trial, Ed asserted a “good cause” defense that Nancy prevented him from having contact with Kim, and… Read more
On January 25, 2023, the court of appeals ordered the publication of the following criminal-law related decision: State v. Steven W. Bowers, 2023 WI App 4 (affirming suppression of evidence seized during warrantless search of defendant’s Dropbox account)… Read more
Brown County DHHS v. T.R., 2022AP1094, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity In a TPR proceeding a motion for summary judgment may be filed any time before trial, as prescribed in § 48.297(1) and (2), and is not governed by the time limit for summary judgment motions prescribed in § 802.08(1)… Read more
Rusk County DHHS v. R.S., 2022AP1530, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity R.S. (“Ruth”) argues that at the trial on the County’s petition to terminate her parental rights, the County Department of Health and Human Services didn’t prove it made reasonable efforts to provide the services ordered in the original CHIPS… Read more
Rock Count v. H.V., 2022AP1585-FT, 1/20/23, District 4; (1-judge opinion, ineligible for publication); case activity This is an appeal from a ch. 51 recommitment under the 2nd standard– dangerousness to others. H.V.’s main argument was that the circuit court erroneously relied on hearsay to find that he is dangerous when not committed. The court of… Read more
