Waupaca v. K.E.K., 2018Ap1887, District 4, 9/26/19 (not recommended for publication), petition for review granted 7/24/20, affirmed, 2021 WI 9; case activity This opinion infuses uncertainty, if not confusion, into the law governing circuit court competency to decide a Chapter 51 recommitment case and the substantive legal standard that courts are to apply at the recommitment… Read more
46. WI Court of Appeals
On September 25, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Daniel A. Griffin, 2019 WI App 49 (circuit court properly applied Denny and Sullivan tests to exclude evidence regarding third-party perpetrator) State v. Malcolm J. Sanders, 2019 WI App 52 (prosecutor didn’t violate Batson by… Read more
Vernon County DHS v. K.F. and M.F., 2018AP863, 9/26/2019, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The county filed a CHIPS petition regarding K.F. and M.F.’s four children. The court appointed a guardian ad litem to represent the kids and ordered the county to pay the GAL’s fees, but additionally ordered… Read more
State v. Garrett German, 2018AP78, 9/24/19, District 3 (not recommended for publication); case activity (including briefs) Facebook alerted law enforcement that German’s account had uploaded images that “appeared to depict child pornography.” Eventually, an who had looked at the images submitted a warrant application averring that each one did “appear to be an image of… Read more
State v. Scott J. Faruzzi, 2019AP167-CR, 9/25/19, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) Don’t pinch yourself! You’re not dreaming. An officer stopped Faruzzi’s truck for a “welfare check” due to some “possible family troubles.” But then he performed a series of FST’s and asked Faruzzi to submit to a preliminary… Read more
State v. K.K.E., 2019AP115-117; 9/24/19, District 1 (1-judge opinion, ineligible for publication); case activity The trial court terminated K.K.E.’s parental rights based on the best interests of her three daughters. On appeal, K.K.E. conceded that the trial court addressed the 6 “best interests of the child” factors required by §48.426(3). But she challenged the weight the… Read more
State v. Troy K. Kettlewell, 2018AP926, 9/18/2019, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) This is a very fact-intensive OWI case and the court is to be commended for really critically examining what all these facts add up to: not much. As in, not much reason to think Kettlewell was in… Read more
State v. Tyler J. Yost, 2018AP2251-CR, 9/18/19, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) Loose lips sink ships. They can also land you in jail for another year. That’s what happened to Yost when he and other inmates started bad mouthing their probation agent while chilling in the common area of… Read more
