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K. Standards of Review

State v. J.A.J., 2022AP2066, 11/14/23, District I (ineligible for publication); case activity In a noteworthy juvenile appeal, COA rejects a novel argument highlighting the dysfunctional nature of our juvenile justice system as caused by the “closure” of Lincoln Hills. J.A.J. appeals a dispositional order for the serious juvenile offender program (SJOP) with placement at Lincoln… Read more

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State v. Michele M. Ford, 2022AP187 & 2022AP188, 10/31/23, District I (one-judge decision; ineligible for publication); case activity The takeaway from this procedurally convoluted case is that Ford succeeds in her appeal from an order finding her incompetent to stand trial in two misdemeanor cases. Specifically, the court reverses and remands for a “nunc pro… Read more

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Chippewa County Department of Human Services v. T.M.J., 2023AP463 & 2023AP464, 10/24/23, District III (one-judge decision; ineligible for publication); case activity In another fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 2 children. After a bench trial, the circuit court found “Tracy” unfit under the “Continuing CHIPS” standard. (¶3)… Read more

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State v. S.A., 2023AP1288-1292, 10/10/23, District I (one-judge decision; ineligible for publication); case activity In a fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 5 children. After exhaustively laying out the sad underlying facts in this TPR appeal over the span of 12 pages, COA begins its legal analysis… Read more

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State v. Marqus G. Phillips, 2023AP450, 10/4/23, District 2 (one-judge decision, ineligible for publication); case activity (including briefs) That the Constitution does not guarantee an “error-free trial” is an unnecessary response to a straw man when a defendant seeks a new trial after it is discovered that the second of two state’s witnesses was found to… Read more

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State v. T.H., Jr., 2023AP285, 10/3/23, District III (one-judge decision; ineligible for publication); case activity In yet another juvenile waiver appeal demonstrating the power of the discretionary standard of review, COA affirms the circuit court’s order despite the potential internal inconsistencies of that ruling. “Thomas” was 16 when he caused a fatal accident, killing two… Read more

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Manitowoc County v. M.B., 2023AP163-164, 9/20/23, District II(one-judge decision; ineligible for publication); case activity Applying a deferential standard of review, COA holds that the circuit court did not err when it ordered a parent to comply with an out-of-state psychosexual evaluation/assessment as a condition of return. M.B. entered an admission that two of his children… Read more

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Winnebago County v. C.H., 2023AP505, 8/30/23, District 2 (one-judge decision; ineligible for publication); case activity In this Ch. 51 appeal, COA swats aside familiar 51 arguments, expresses its frustration with a “flood” of Ch. 51 appeals and, with approving citation to a dissent from SCOW, hints that we may not have heard the last of… Read more

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