State v. Walter L. Johnson, 2024AP79-CR, 2/13/25, District IV (recommended for publication); case activity In a case resolving a hot issue for OWI litigators, COA rejects challenges to an RCS prosecution based on the chemical difference between “L meth”–found in certain nasal decongestant sprays–and “D meth,” which is found in illicit street drugs. Johnson was… Read more
D. Waiver of issues/arguments
COA holds that difference between “L meth” and “D meth” does not create a defense to RCS prosecution
Racine County v. C.D.B., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); case activity In “Banks’s” most recent appeal, he once again challenges the sufficiency of the evidence pertaining to his extension and medication orders. Like his last appeal, however, those arguments go nowhere. Less than a year ago, we posted on “Banks’s” challenge… Read more
Monroe County v. H.K.B., 2024AP1305, District 4, 1/16/25 (one-judge decision; ineligible for publication); case activity On appeal from the two most recent Watts review hearings, the COA concludes that there was insufficient evidence for the protective placement order because the County failed to prove that H.K.B. was “so totally incapable of providing for . … Read more
State v. D.Y., 2024AP710, 12/26/24, District I (1-judge decision, ineligible for publication); case activity “Daniel” appeals from the circuit court’s order adjudicating him as a juvenile delinquent, on the basis of a second-degree sexual assault of a child offense. (¶1). He contends that the state failed to prove the intent element, specifically, sexual gratification or… Read more
Richland County DH&HS v. D.M.K., 2022AP2190, District IV, 11/14/24 (one-judge decision; ineligible for publication); case activity In a somewhat rare CHIPS appeal, COA upholds the circuit court’s decision to remove adversary counsel but reverses the court’s order modifying that attorney’s request for fees. This appeal arises from a CHIPS proceeding initiated in 2014. (¶3). Given… Read more
State v. Kayden Young, 2021AP1596-CR, 10/29/24, District III (recommended for publication); case activity In a case recommended for publication, the Court of Appeals reversed the circuit court’s order dismissing the charge against Kayden Young for failing to comply with the sex offender registration requirements. Where the circuit court did not require Young to register as… Read more
Portage County v. D.A., 2023AP1237, 1255 & 1272, 5/9/24, District IV (one-judge decision; ineligible for publication); case activity Although “David” presents a superficially knotty jurisdictional argument, COA ultimately holds that he has forfeited this otherwise non-meritorious legal issue. The facts of this case are complex, but involve two interlinked court actions. “David” and “Rachel” have… Read more
Brown County Health and Human Services v. R.U., 2024AP45-6 4/16/24, District IV (one-judge decision; ineligible for publication); case activity In yet another fact-dependent TPR appeal, COA affirms given well-settled (and difficult to overcome) legal standards. Summary Judgment “Ralph” appeals the circuit court’s order granting summary judgment as to grounds with respect to § 48.415(4) (continuing… Read more
