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46. WI Court of Appeals

No erroneous exercise of discretion in TPR

State v. M.D.W., 2017AP1945 & 1946, 1/23/18, District 1 (one-judge decision; ineligible for publication); case activity M.D.W. appeals only the disposition in the TPR of her two children. She argues that the court erred in its consideration of the statutory factors. The court of appeals disagrees. There’s really not much to say about the opinion… Read more

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Dane County v. Brenna N. Weber, 2017AP1024, District 4, 1/11/18 (one-judge decision; ineligible for publication); case activity (including briefs) Weber was legitimately stopped for speeding, but argues there was insufficient basis for the officer to extend the traffic stop to conduct field sobriety tests. The court of appeals holds the totality of the circumstances justified the continued detention. ¶12… Read more

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State v. Mario Douglas, 2018 WI App 12; case activity (including briefs) Douglas got inaccurate advice about the prison time he faced if he went to trial instead of taking the State’s plea offer. The inaccurate advice makes his plea invalid. Douglas was charged with two counts of child sexual assault for the same act… Read more

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Once again, FTA leads to TPR

State v. A.S., 2017AP1349, District 1, 1/9/18 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in refusing to adjourn the disposition hearing in A.S.’s termination of parental rights proceeding after A.S. failed to appear, and the subsequent termination order didn’t violate A.S.’s rights to be present and to participate… Read more

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State v. Terry Sanders, 2017AP636-CR, District 3, 1/9/18 (one-judge decision; ineligible for publication); case activity (including briefs) Sanders challenges his arrest for OWI, saying the officer lacked probable cause based on a “mixed bag” of facts that included inconclusive field sobriety tests and things an officer “would likely see [being done] by day by sober… Read more

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Kewaunee County DHS v. R.I., 2018 WI App 7; case activity Following the lead of the U.S. Supreme Court, the court of appeals holds that the additional fact finding mandated in TPR proceedings involving an Indian child don’t apply when the parent never had physical or legal custody of the child. The federal Indian Child… Read more

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TPR default judgment upheld

Kenosha County DHS v. V.J.G., 2017AP1150 & 2017AP1151, District 2, 12/27/17 (one-judge decision; ineligible for publication); case activity V.J.G.’s failed to appear at the pretrial and grounds trial in the TPR proceedings regarding his children. The circuit court then discharged V.J.G.’s lawyer, set a new evidentiary and dispostional hearing, and terminated V.J.G.’s parental rights. The court of… Read more

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State v. Hector Miguel Ortiz Martinez, 2017AP668, District 1, 12/27/17 (one-judge decision; ineligible for publication); case activity (including briefs) After his arrest for OWI, Martinez refused to submit to a breath test. The arresting officer gave him the standard notice of intent to revoke operating privileges containing the standard written warning that the driver has… Read more

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