State v. Morris V. Seaton, 2021AP1399-CR, 11/6/24, District II (recommended for publication); case activity In a case confirming the changes wrought to other acts case law as a result of the codification of the greater latitude rule, COA reverses the circuit court’s order excluding evidence of a prior sexual assault Seaton was charged with third-degree… Read more
10. Evidentiary decisions
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
State v. Kenneth W. Hill, 2022AP1718-CR, 8/6/24, District III (recommended for publication); case activity The state appealed after the circuit court denied its motion seeking to admit Hill’s 1984 conviction from Minnesota for “criminal sexual conduct in the first degree” pursuant to Wis. Stat. § 904.04(2)(b)2. at his trials for two counts of first-degree sexual… Read more
Marathon County v. N.R.P., 2023AP638, 6/11/24, District III (one-judge decision; ineligible for publication); case activity In yet another Chapter 51 reversal, COA finds fault with both the circuit court’s decision to admit and rely on hearsay evidence and its failure to make the required findings. Hearsay Evidence As is common at recommitment proceedings, the County… Read more
Winnebago County v. C.J.H., 2023AP1263, 3/6/24, District II (one-judge decision; ineligible for publication); case activity In a 51 appeal presenting several commonly litigated issues, COA finds no error and affirms. This is an appeal from an initial commitment order involving “Carly,” who allegedly became suicidal after being detained at the Winnebago County Jail. (¶3). Following… 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. Robert A. Schoengarth, 2015AP1834-CR, 2/11/16, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court erroneously exercised its discretion when it ordered that police could not testify about Schoengarth’s performance on field sobriety tests. The judge apparently accepted Schoengarth’s argument that exclusion was appropriate because he had agreed to do… Read more
Town of Bloomfield v. Petko Zvetkov Barashki, 2015AP226, District 2, 6/24/15 (one-judge decision; ineligible for publication); case activity In a case the court of appeals aptly describes as “unusual,” the court exercises its discretionary power of reversal under § 752.35 to throw out Barashki’s OWI 1st conviction and refusal finding on the grounds that the… Read more
