Manitowoc County HSD v. K.R., 2022AP1975-78, 12/27/23, District II (one-judge decision; ineligible for publication); case activity Presented with a confusing pro se attack on permanency orders entered in these underlying CHIPS cases, COA affirms largely because it cannot ascertain the nature of the appellant’s challenge. Following the filing of CHIPS petitions for four of K.R.’s… Read more
1. Appeals
State v. Dustin J. VanderGalien, 2023AP890-CR, 12/29/23, District 4 (recommended for publication); case activity VanderGalien pled no contest to three counts stemming from a fatal motor vehicle crash after a non-impairing cocaine metabolite (benzoylecgonine or “BE”) was detected in his blood hours after the incident. The court of appeals rejects his facial challenge to the… Read more
Winnebago County v. A.P.D., 2023AP863, 12/13/23, District II (one-judge decision; ineligible for publication); case activity In yet another defense win reliant on Langlade County v. D.J.W., COA holds that the circuit court failed to make adequate findings in this Chapter 51 appeal. “Andrew” challenges a recommitment order based on the fifth standard. (¶3). He argues that… Read more
Columbia County v. Carter Ray Smits, 2023AP241, 12/7/23, District IV (one-judge decision; ineligible for publication); case activity Despite the analyst’s testimony that, given the margin of error for the lab result, it was “equally likely” Smits was under as opposed to over the legal limit, COA affirms. This appeal arises from a prosecution for a… Read more
State v. M.E.E., 2023AP1510, 11/28/23, District I (one-judge decision; ineligible for publication); case activity In a dense and fact-dependent opinion, COA affirms under well-settled standards of review. “Michael” attacks the sufficiency of the evidence with respect to both grounds found by the jury in this TPR appeal–continuing CHIPS and failure to assume parental responsibility. (¶7)… Read more
State v. T.J., 2023AP1239-1242, 11/28/23, District I (one-judge decision; ineligible for publication); case activity Despite a battery of legal challenges, COA swiftly and efficiently marches toward affirmance in this TPR appeal. “Tony’s” parental rights to four of his children were terminated following a jury trial. Accordingly, he first attacks three evidentiary rulings made during the… Read more
State v. Antonio G. Ramirez, Jr., 2021AP1590, 11/15/23, District 2 (recommended for publication); case activity (including briefs) There are some serious unresolved confrontation questions around statements alleged victims make in settings involving both medical treatment and criminal investigation: often, during a police-instigated physical examination after an alleged physical or sexual assault. Here, despite turning out… Read more
State v. Batterman, 2022AP181, 11/28/23, District III (ineligible for publication); case activity Given the discretionary standard of review used to assess a circuit court’s evidentiary rulings, COA wastes no time in upholding the court’s order excluding evidence the defendant did well on some field sobriety tests at a second offense PAC trial. Batterman was originally… Read more
