City of West Bend v. Peter F. Parsons, 2022AP98, 8/17/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) This is an appeal of convictions for violating local ordinances in conformity with the state laws outlawing OWI. The court of appeals affirms. An officer stopped Parsons’s vehicle after midnight during a snowstorm, thinking… Read more
46. WI Court of Appeals
M.K.S. v. R.J.F., 2021AP1839, 8/16/22, District 1 (no recommended for publication); case activity Here is a result we don’t often see: a successful ineffective assistance of counsel claim in a TPR case. A jury found grounds to terminate “Richard’s” parental rights. Allegedly, he had failed to assume parental responsibility for his daughter, “Morgan.” On appeal… Read more
State v. T.M., 2021AP1729, 8/16/22, District 1 (1-judge opinion, ineligible for publication); case activity “Taylor” presented three challenges to the termination of her parental rights to her son: (1) erroneous admission of a psychological examination; (2) ineffective assistance of trial counsel for failure to object to a flawed jury instruction; and (3) insufficient evidence. The… Read more
State v. Singh, 2021AP1111-CR, 8/18/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Singh challenges his 2005 conviction for OWI, first offense. He first asks for a writ of coram nobis vacating the conviction. Alternatively, he asks that his conviction be vacated or amended under State v. Forrett, 2022 WI 37, 401… Read more
Wood County v. J.L.S., 2022AP299, 8/25/22, District 4 (1-judge opinion, ineligible for publication); case activity The circuit court entered orders for initial commitment order and involuntary medication order. Later (not sure how much later), the County persuaded the circuit court to dismiss these orders. On appeal, J.L.S. argued, among other things, that the appeal of… Read more
On August 31, 2022, the court of appeals ordered publication of the following criminal law related decisions: State v. Killian, 2022 WI App 43 (successive prosecution after mistrial violated double jeopardy prohibition) State v. Weigel, 2022 WI App 48 (state breached agreement to ask for 20 year sentence by asking for 25 year sentence)… Read more
State v. James P. Killian, 2022 WI App 43; review granted 1/20/23; reversed, 2023 WI 52; case activity (including briefs) The state provoked a mistrial in a case charging Killian with child sexual assault offenses against two complainants. The circuit court later dismissed the case due to the prosecutor’s misconduct. When the state recharged Killian… Read more
State v. Jamie Lee Weigel, 2022 WI App 48; case activity (including briefs) In Wisconsin criminal law, the word “sentence” is sometimes used generically to include probation; other times it’s used in a technical sense to refer only to imprisonment, and thus excludes probation. See, e.g., State v. Fearing, 2000 WI App 229, ¶6, 239… Read more
