Marathon County DHS v. S.K., 2021AP1124 & 2021AP1125, District 3, 11/18/21 (one-judge decision; ineligible for publication); case activity The circuit court granted partial summary judgment on the petitions to terminate the parental rights of S.K. (“Sarah”) for failure to assume parental responsibility of her two daughters. The court of appeals reverses, holding there are genuine… Read more
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Trempealeau County DSS v. T.M.M., 2021AP100 & Trempealeau County DSS v. T.M.M., 2021AP139, District 3, 11/12/21 (one-judge opinions; both ineligible for publication); case activity: 2021AP100 & 2021AP139 The court of appeals agrees with T.M.M. (“Tiffany”) that the evidence presented at her recommitment hearing was insufficient to prove she was dangerous under one of the standards… Read more
Waukesha County v. E.J.W., 2021 WI 85, 11/23/21, reversing an unpublished court of appeals’ opinion; case activity This 4-3 “defense win” delivers a 1-2-3 punch! The decision: (1) holds that a person undergoing commitment has the right to demand a jury 48 hours before the time set for his final hearing–even if the hearing is… Read more
Have your mentally ill clients been denied medication or over-medicated? Have they been placed in seclusion or denied access to a phone or to interpreters? Section 51.61 establishes “patients rights” for persons receiving services for mental illness, developmental disabilities, or drug dependency, pursuant to Chapters 48, 51, 55, 971, 975 or 980. When your client… Read more
Since 2019, SCOW’s most steadfast liberal allies are Justices A.W. Bradley and Dallet. Its most conspicuous conservative allies are Justices Roggensack and Ziegler. SCOWstats’ latest post takes a peek at cases where these allies have disagreed… Read more
State v. M.P.H.-R., 2021AP1628, 11/23/21, District 1 (1-judge opinion, ineligible for publication); case activity M.P.H.-R gave birth to A.S.H. in 2011 when she was just 14 years old. Since then both mother and daughter have suffered mental health problems. They lived together briefly twice over the intervening 10 years. Otherwise, for 7 years A.S.H. has… Read more
State v. Christopher D. Wilson, 2020AP1014-CR, petition for review of an unpublished decision granted 11/17/21; case activity (including briefs) Issue presented (from the petition): Did the police have implicit license to enter the backyard of Mr. Wilson’s home through a gated privacy fence? Someone called 911 to report erratic driving; the caller relayed that the vehicle had… Read more
State v. Jeffrey L. Moeser, 2019AP2184-CR, petition for review of an unpublished decision granted 11/18/21 ; case activity (including briefs) Issue presented (from the petition): Whether the ‘Oath’ requirement under the Fourth Amendment of the US Constitution and Article 1, Section 11 of the Wisconsin Constitution require a police officer to swear an oath to the truthfulness… Read more
