Portage County v. W.P.R., 2024AP454, 7/11/24, District IV (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s order denying defendant’s request for new counsel in TPR case. The only issue raised by the appellant in this appeal from the circuit court’s order terminating his parental rights was whether the court erroneously exercised its… Read more
46. WI Court of Appeals
City of Mequon v. Schumacher, 2023AP2411, 7/3/24, District II (one-judge decision; ineligible for publication); case activity COA determines person suspected of driving under the influence does not have right under implied consent statute, Wis. Stat. § 343.305, to refuse blood test if the person offers to take a breath or urine test instead. John Schumacher… Read more
Washington County v. T.R.Z., 2024AP21, District II, 6/19/24 (one-judge decision; ineligible for publication); case activity Although “Tim’s” appeal presents several issues for review, COA dismisses the appeal as moot given the existence of an intervening Watts review. Tim has been under guardianship and protective placement orders since 2021. (¶3). This is an appeal of an order continuing… Read more
State v. Robert M. Schueller, 2023AP1755-CR, 6/20/24, District IV (recommended for publication); case activity In a decision recommended for publication, the court of appeals holds that advances in PTSD treatment constitute a new factor, where the sentencing court expressly relied on its understanding that Schueller’s PTSD was uncurable in determining his risk to the public and… Read more
Village of Butler v. Brandon J. Hernandez, 2023AP1707, 6/19/24, District II (one-judge appeal; ineligible for publication); case activity Hernandez challenges the circuit court’s finding that he improperly refused to submit to a OWI blood draw, arguing that he consented. The court of appeals rejects his argument, concluding that the circuit court’s finding was not clearly… Read more
State v. Reynaldo Rosalez, 2022AP1929-CR, 6/11/24, District I (not recommended for publication); case activity In a case illustrating the stringent standard of review used to assess findings of fact, COA dispatches with Rosalez’s claim that his lawyer failed to discuss a defense related to his alleged medication-induced amnesia. Rosalez pleaded no contest to sexually assaulting… Read more
Marathon County v. N.R.P., 2023AP638, 6/11/24, District III (one-judge decision; ineligible for publication); case activity In yet another Chapter 51 reversal, COA finds fault with both the circuit court’s decision to admit and rely on hearsay evidence and its failure to make the required findings. Hearsay Evidence As is common at recommitment proceedings, the County… Read more
Winnebago County v. Thomas J. Roberts, 2023AP1808, District II, 6/12/24 (one-judge decision; ineligible for publication); case activity In a rare appeal of a conviction for speeding, COA easily dispatches Roberts’s arguments given the deferential standard of review for findings of fact. Roberts was cited for speeding after a trooper first visually estimated his speed at… Read more
