State v. Ashley Jean Campbell, 2020AP1813, 3/5/24, District 3 (recommended for publication); case activity As a matter of first impression in Wisconsin, the court of appeals holds that regardless of whether the “instinct exception” exists, “the exception does not apply under the facts in this case to excuse the State’s obligation to obtain a warrant… Read more
46. WI Court of Appeals
State v. I.A.A., 2023AP1723-24, 2/28/24, District 2 (one-judge decision; ineligible for publication); case activity Long story short, the court of appeals affirms the orders terminating I.A.A.’s (“Ivy’s”) parental rights despite the circuit court’s admitted failure to comply with Wis. Stat. § 48.422(3)’s mandate to take testimony related to grounds at Ivy’s no contest plea hearing… Read more
So far this year, the Wisconsin Court of Appeals has published one criminal law related decision. Here are the publication orders for January and February 2024. The lone published decision is in State v. Dustin J. VanderGalien, 2024 WI App 4 (rejecting a constitutional challenge to the criminalization of driving with a detectable non-impairing cocaine… Read more
State v. S.N., 2023AP2366-67, 2/27/24, District I (one-judge decision; ineligible for publication); case activity “Sally’s” challenge to the court’s discretionary termination order fails, as the circuit court’s order was supported by evidence in the record. “Sally” attacks the circuit court’s discretionary order terminating her parental rights by first focusing on the court’s consideration of her… Read more
State v. M.L.J.N.L., 2021AP1437, 2/28/24, District IV (recommended for publication); case activity In one of our first published decisions to address the impact of Marsy’s Law, COA accepts the agreed-upon position of both parties that Marsy’s Law does not alter the framework for assessing requests for juvenile restitution under § 938.34(5)(a). UPDATE: This post is… Read more
Burnett County v. B.S., 2023AP1811-FT, 2/28/24, District III (one-judge decision; ineligible for publication); case activity Due in part to last-minute witness unavailability, the County’s attempt to rely solely on generic and conclusory testimony from an examining psychiatrist fails in yet another helpful, and citable, 51 win. This is an appeal from Brian’s fourth recommitment hearing… Read more
Winnebago County v. B.R.C., 2023AP1842, 2/14/24, District 2 (one-judge decision; ineligible for publication); case activity In quite the head-scratcher, the court of appeals rejects a D.J.W. “specific factual findings” claim while acknowledging that such claims “are multiplying and it is clear that all sides could benefit from clarity on the point.” (Emphasis added). The court then proceeds… Read more
Manitowoc County HSD v. B.M.T., 2022AP2079 & 2023AP904, 2/21/24, District 2 (one-judge decision; ineligible for publication); case activity In this consolidated appeal from successive orders extending B.M.T.’s civil commitment, the court of appeals rejects B.M.T.’s claim that the circuit court lacked competency to enter the 2022 order, but agrees that the circuit court failed to… Read more
