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La Crosse County DHS v. B.B. and E.B., 2020AP2030 & 2020AP2031, District 4, 9/30/21 (one-judge decision; ineligible for publication); case activity B.B. and E.B. challenge the order terminating their parental rights, arguing that the guardian ad litem improperly invoked the children’s best interest standard during the grounds trial and that conducting the dispositional hearing via… Read more

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State v. Edward R. Gasse, 2021AP484, 9/29/2021, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Gasse arrived at the police station shortly after midnight; officers had observed him about 80 minutes prior at his residence and believed him to be drunk. He initially said he’d driven there but later changed his story… Read more

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COA upholds probable cause finding to request PBT

State v. Michael T. Paczkowski, 2021AP340, 9/29/21, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Paczkowski crashed his motorcycle, and responding deputies requested that he take a preliminary breath test. He agreed and blew a .149. The circuit court held that he deputies lacked the requisite probable cause to ask for the… Read more

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September 2021 publication list

On September 29, 2021, the court of appeals ordered the publication of the following criminal-law related decision: State v. Joel R. Davis, 2021 WI App 65 (police unlawfully prolonged traffic stop to research motorist’s bond conditions)… Read more

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Not egregious….yet

State v. Santiago B. Rios, 2020AP2132-CR, was slated to be decided today, but it wasn’t. Instead, the court of appeals issued an order directing the state (represented here by the district attorney’s office) to file a respondent’s brief. The state missed its first briefing deadline. It then ignored a delinquency notice ordering the state to… Read more

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State v. D.W., 2021AP1290, District 1, 9/28/21 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in terminating D.W.’s parental rights because the court considered all the relevant factors under § 48.426(3) in reaching its decision. In deciding to terminate D.W.’s parental rights, the circuit court considered the bond that had developed between the… Read more

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Various challenges to OWI conviction rejected

State v. Kody R. Kohn, 2020AP2147-CR, District 2, 9/22/21 (one-judge decision; ineligible for publication); case activity (including briefs) Kohn argues the circuit court erred in: 1) denying his motion to suppress evidence obtained from the blood drawn from him after his arrest; 2) excluding exhibits he wanted to use to cross examine the state’s blood… Read more

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Outagamie County v. D.G.M., 2020AP967, District 3, 9/21/21 (one-judge decision; ineligible for publication); case activity The evidence at the final hearing on the petition to commit D.G.M. under ch. 51 was sufficient to establish all the statutory elements and D.G.M.’s incompetence to refuse medication. This is a entirely fact-dependent decision holding that the evidence proved… Read more

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