8. Discretionary decision

State v. S.N., 2023AP2366-67, 2/27/24, District I (one-judge decision; ineligible for publication); case activity “Sally’s” challenge to the court’s discretionary termination order fails, as the circuit court’s order was supported by evidence in the record. “Sally” attacks the circuit court’s discretionary order terminating her parental rights by first focusing on the court’s consideration of her… Read more

State v. M.D.B., Jr., 2023AP620, 2/6/24, District I (1-judge decision; ineligible for publication); case activity The State’s efforts to revive this delinquency case on appeal fail, as they are unable to persuade COA that the circuit court erroneously exercised its discretion in dismissing the petition with prejudice for failure to comply with a statutory deadline… Read more

Sheboygan County DHHS v. J.L., 2023AP1884, 1/3/24, District 2 (one-judge decision; ineligible for publication); case activity In yet another appeal of the circuit court’s discretionary decision to terminate a parent’s rights, COA easily rejects J.L.’s invitation to reweigh the evidence. J.L.’s appellate challenge is narrow. Having stipulated to grounds, his only argument on appeal is… Read more

State v. Theodore J. Polczynski, 2023AP900, 1/3/24, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) COA upholds the circuit court’s order barring Polczynski from owning a business or operating as a general contractor as conditions of probation by finding they are reasonable and appropriate under the facts of this case. Polczynski was… 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. 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