Wood County v. P.M.P., 2022AP1815, 2/23/23, District 4, (1-judge opinion, ineligible for publication); case activity In this appeal, P.M.P.’s sole challenge was to the circuit court’s application of the “best interest of the child” factors in §48.426(3)(a)-(f). P.M.P. conceded that the circuit court adequately considered the “substantial relationship” factor, but its analysis of the other… Read more
46. WI Court of Appeals
J.C. v. R.S., 2022AP1215 , 2/16/23, District 4, (1-judge opinion, ineligible for publication); case activity In a rare Chapter 55 reversal, the court of appeals held that the petitioner failed to prove that the individual under review had a degenerative brain disorder that was likely to be permanent. In June 2021, R.S.’s daughter petitioned for… Read more
Outagamie County v. C.J.A., 2022AP230, 2/17/23, District 3 (one-judge decision; ineligible for publication); case activity “Catherine” appeals the extension of her ch. 51 commitment. The recommitment hearing was originally set for a few days before her previous extension would expire. But three days before that scheduled hearing, Catherine requested an independent examination. She, the court… Read more
State v. Morris V. Seaton, 2021AP1399-CR, certification filed 2/8/23, certification granted, 3/24/23, remanded, 2023 WI 69;District 2; case activity (including briefs) Question presented (from the court of appeals’ certification): In light of the 2014 amendment of WIS. STAT. § 904.04(2)(b) (2019-20), codifying and expanding the “greater latitude” rule and the Wisconsin Supreme Court’s decision in… Read more
State v. Craig R. Thatcher, 2020AP1734, 2/7/23, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs). A state trooper stopped Thatcher for a suspected OWI, the trooper read the Informing the Accused Form, and, according to Thatcher, provided additional, misleading information that influenced his decision to consent to a breath test in violation… Read more
County of Dunn v. Kevin J. Cormican, 2020AP1895, 2/7/23, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs) After being convicted of OWI 1st, Cormican appealed the denial of his motion to suppress the results of his blood test. He first argued that the arresting officer gave him information beyond what is on… Read more
State v. Lynne M. Shirikian, 2023 WI App 13; case activity (including briefs) Shirikian pleaded to OWI as a fifth offense. Back in 2019, the legislature amended the statutes to create a both a presumptive and a mandatory minimum sentence for OWI 5th and OWI 6th. See 2019 Wis. Act 106; Wis. Stat. § 346.65(2)(am)5… Read more
State v. Ayodeji J. Aderemi, 2023 WI App 8; case activity (including briefs) This appeal concerns a problem many will encounter. An alleged attempt to e-file a document apparently failed. Here, the document was the State’s Information. Aderemi argued that the fumble caused the State to miss its filing deadline, so under §971.01(2) the circuit… Read more
