State v. C.M., 2024AP1416-1418, District I, 10/15/24 (one-judge decision; ineligible for publication); case activity The parent’s challenge to the court’s discretionary termination decision goes nowhere given the standard of review. “Corinna” alleges that the circuit court erroneously exercised its discretion at the dispositional hearing because its finding regarding the third statutory factor–the existence of a… Read more
1. Appeals
A.K.B. v. J.J.G., 2024AP1116, 10/9/24, District II (one-judge decision; ineligible for publication); case activity “Jay” appeals from orders terminating his parental rights and denying his postdisposition motion, arguing the circuit court erroneously exercised its discretion when it terminated his parental rights under the voluntary termination statute, Wis. Stat. § 48.41, rather than applying the hearing… Read more
Waushara County DHS v. A.M.S., 2024AP730-733, District IV, 10/3/24 (one-judge decision; ineligible for publication); case activity In a dense and fact-specific opinion, COA rejects A.M.S.’s attempts to argue that she was precluded from presenting relevant evidence at her TPR trial and affirms. A.M.S. challenges order terminating her parental rights to four children following an adverse… Read more
In August and September, COA released a number of published decisions: In August, COA ordered the publication of two decisions relevant to our practice: State v. Jayden Adams, 2024 WI App 44 (holding that juvenile defendants entitled to all evidence the State intends to introduce at preliminary examination to establish probable cause of alleged jurisdictional… Read more
State v. Albert A. Terhune, 2023AP353, 9/19/24, District IV (1-judge decision, ineligible for publication); case activity In a somewhat complicated OWI appeal, COA ultimately affirms under well-settled legal standards. Terhune appeals the circuit court’s order revoking his operating privileges for unlawfully refusing to submit to an evidentiary breath test pursuant to § 343.305. (¶1). While… Read more
A.M.D. v. G.R.B., Jr., 2024AP1071, District II, 9/18/24 (one-judge decision; ineligible for publication); case activity G.R.B. (“Bartel”) appeals an order terminating his parental rights, raising a medley of challenges. Although COA acknowledges that its prior precedent sent “mixed signals” to litigants on at least one of the issues, it ultimately rejects all of G.R.B.’s arguments… Read more
State v. J.D.B., 2023AP715-CR, 9/10/24, District I (recommended for publication); case activity In a recommended-for-publication decision, COA wholly endorses all of J.D.B.’s arguments requiring a high burden of proof when the State seeks an involuntary medication order in order to render a defendant competent to stand trial. Along the way, COA offers a bevy of… Read more
E.S. v. K.R.K., 2024AP1174, District II, 8/28/24 (one-judge decision; ineligible for publication); case activity In yet another chapter in the ongoing “burden of proof” saga in TPR world, COA swats away K.R.K.’s constitutional challenge while also holding that she is not entitled to a new dispositional hearing at which time an explicit burden of proof… Read more
