State v. Ned Guerra, 2022AP2098-CR, 7/19/23, District 2 (1-judge decision; not eligible for publication); case activity (including briefs) Twenty-0ne months passed between the filing of the criminal complaint and Guerra’s trial. The delay was caused by a state’s witness’ temporary unavailability and the circuit court’s COVID-based backlog of higher-priority trials. While Guerra clearly asserted his right… Read more
K. Standards of Review
State v. Alvin James Jemison, Jr., 2021AP2207-CR, 7/18/23, District 1 (not recommended for publication); case activity (including briefs) After a jury trial, Jemison was convicted of second-degree sexual assault of an unconscious person (Teresa) as a repeater – serious sex crime and sentenced to life in prison without the possibility of release to extended supervision. See Wis… Read more
State v. William J. Buffo, 2022AP1803-4-CR, District IV, 7/13/23, 1-judge decision ineligible for publication; case activity (briefs available) In another messy pro se appeal, COA overlooks the State’s failure to file a response brief and affirms the circuit court’s “evidently correct” decision. The procedural history in this case is complicated but largely irrelevant to Buffo’s appeal. In… Read more
State v. M.H., 2023AP732, District I, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available) M.H. raises two challenges to a circuit court order terminating her parental rights. Under an exceedingly deferential standard of review, both claims fail. The State filed this TPR petition in November of 2022. (¶3). At a hearing held… Read more
Waukesha County v. M.A.C., 2023AP533, District II, 7/28/23, petition for review granted 12/12/23; reversed 7/5/24; 1-judge decision ineligible for publication; case activity (briefs not available) In a Chapter 51 case with troubling due process implications, COA is compelled to affirm by virtue of what it believes to be binding precedent. (Note: This post has been updated… Read more
State v. Mitchell D. Green, 2023 WI 57, 6/29/23, review of an unpublished court of appeals decision; case activity (including briefs) In yet another reversal of a defense win, a divided Court upholds the circuit court’s exercise of discretion, despite serious criticisms of the circuit court’s reasoning made by the dissenters. (See our previous posts… Read more
State of Wisconsin v. J.L.A., 2023AP424, District I, 6/27/23, 1-judge decision ineligible for publication; case activity (briefs not available) In a TPR appeal with a typically tragic fact pattern, the court of appeals defers to the circuit court’s decision to terminate “Julia’s” parental rights. Here, the State successfully obtained an order terminating Julia’s parental rights… Read more
Manitowoc County H.S.D. v. T.H., 2022AP1631, District II, 7/5/23, 1-judge decision ineligible for publication; case activity (briefs not available) Applying a deferential standard of review, the court of appeals rejects T.H.’s attempts to obtain CPS records he claims are essential to present a complete defense in a related criminal case. “Evan” was placed with T.H… Read more
