Veronica K. v. Michael K., 2012AP197, District 1, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Michael K., incarcerated at the time of this TPR trial, appeared by audio-video hookup. He argues that his due process right to meaningful participation, State v. Lavelle W., 2005 WI App 266, ¶2, 288 Wis. 2d 504, 708 N.W.2d 698… Read more
b. Prejudice not found
State v. Anthony S. Irving, 2011AP1908-CR, District 2, 8/8/12 court of appeals decision (not recommended for publication); case activity A defendant has a constitutional right to self-representation, State v. Imani, 2010 WI 66, ¶20, 326 Wis. 2d 179, 786 N.W.2d 40, but it must be triggered by a “clear and unequivocal” request for self-representation, State v. Darby… Read more
State v. Jason M. Jacobs, 2012 WI App 104 (recommended for publication); case activity Search & Seizure – Consent – Blood Draw Following a fatal traffic accident, Jacobs performed field sobriety tests well enough that he wasn’t placed under arrest, but he was asked to submit to a blood draw. Jacobs called his attorney, who advised him… Read more
Jackson Co. DHS v. Robert H., 2011AP2783, District 4, 7/17/12 court of appeals decision (1-judge, ineligible for publication); case activity Both federal and state Indian Child Welfare Acts require that termination of parental rights to an Indian child be supported by testimony of a qualified expert witness “that the continued custody of the child by the parent or Indian… Read more
State v. Joel Joseph Lobermeier, 2012 WI App 77 (recommended for publication); for Lobermeier: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Appellate Procedure – Waiver – Jury Instructions Failure to object to a jury instruction amounts to a failure to preserve for review an asserted objection, which must therefore be reviewed in the context… Read more
Oneida County Department of Social Services v. Scott H, 2011AP2599, District 3, 5/15/12 court of appeals decision (1-judge, not for publication); for Scott H.: Brian C. Findley; case activity; companion case: Oneida County Department of Social Services v. Amanda H., 2011AP2599 Notwithstanding trial counsel’s concession of no strategic reason for allowing the jury to view documents… Read more
Oneida County Department of Social Services v. Amanda H, 2011AP2600, District 3, 5/15/12 court of appeals decision (1-judge, not for publication); for Amanda H.: Shelley Fite, SPD, Madison Appellate; case activity; companion case: Oneida County Department of Social Services v. Scott H., 2011AP2599 TPR – Severance On joint trial for termination of parental rights, Scott’s disruptive… Read more
State v. Darryl P. Benson, 2010AP2455-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Benson: Mary Scholle, SPD, Milwaukee Appellate; case activity Sexual assault charges were not duplicitous, and in any event, potential unanimity problem was resolved by the instructions: ¶17 To begin, we conclude that the amended information properly notified… Read more
