Brown County v. J.J., 2021AP1079, District 3, 3/7/23 (one-judge decision; ineligible for publication); case activity Before an Indian child subject to a CHIPS proceeding is placed out of the home of his or her parent or Indian guardian, § 48.028(4)(d)2. and the federal Indian Child Welfare Act (ICWA) both require, among other things, proof by… Read more
46. WI Court of Appeals
Milwaukee County v. D.H., 2022AP1402, 3/7/23, District 1 (1-judge opinion, ineligible for publication); case activity To obtain an involuntary medication order, a county must satisfy the multi-step test for incompetency to make medication decisions in §51.61(1)(g)4. The first step requires the county to prove that the person received a “reasonable explanation” of the advantages, disadvantages… Read more
State v. Brooke K. Eder, 2021AP485, 2/28/23, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Officers got a warrant to arrest one Estes. The warrant permitted them to search Eder’s apartment for Estes; the affidavit gave various reasons to believe that Estes would be there. Estes was there, and they arrested him… Read more
Outagamie County v. L.X.D.-O., 2023 WI App 17; case activity Unfortunately, the court of appeals just turned Chapter 51 upside down in a published opinion. It holds that counties must move examiners’ reports into evidence at recommitment hearings, but not at initial commitment hearings. This appeal concerns the sufficiency of the evidence to support an… Read more
State v. Debra L. Rippentrop & Steven E. Rippentrop, 2023 WI App 15; case activity (including briefs) 2022AP92-CR and 2022AP93-CR The nonprosecution agreement the Rippentrops made with the state doesn’t violate public policy and is therefore enforceable, and that requires the criminal charges filed against them to be dismissed with prejudice. In 2019 the Rippentrops… Read more
Kenosha County v. A.C.S., 2022AP1821-1825, 2/15/23, District 2 (one judge decision; ineligible for publication); case activity Here’s a fact pattern one hopes doesn’t come up too often. The county sought the termination of “Anna’s” parental rights to five children. It then moved for summary judgment on the grounds that she’d been convicted of a serious… Read more
On February 22, 2023, the court of appeals ordered publication of the following criminal law related decision: State v. Ayodeji J. Aderemi, 2023 WI App 8 (delay in upload of information on efiling system didn’t deprive circuit court of jurisdiction in criminal case)… Read more
Winnebago County v. J.D.J., 2022AP1138, 2/22/23, District 2, (1-judge opinion, ineligible for publication); case activity Such a maddening case. J.D.J., a prisoner diagnosed with schizoaffective disorder, was going to have a hard enough time winning a jury trial regarding his ch. 51 initial commitment. But the circuit court made his uphill battle impossible through a… Read more
