Ozaukee County v. S.S., 2024AP759, District II, 9/11/24 (one-judge decision; ineligible for publication); case activity In determining whether to continue protective placement under Chapter 55, the County does not need to present an expert witness to establish an individual continues to meet the criteria for placement, and the circuit court may rely on the entire… Read more
46. WI Court of Appeals
State v. J.D.B., 2023AP715-CR, 9/10/24, District I (recommended for publication); case activity In a recommended-for-publication decision, COA wholly endorses all of J.D.B.’s arguments requiring a high burden of proof when the State seeks an involuntary medication order in order to render a defendant competent to stand trial. Along the way, COA offers a bevy of… Read more
State v. N.H., 2024AP597, District I, 9/4/24 (one-judge decision; ineligible for publication); case activity B.W. forecloses N.H’s TPR appeal that his plea was involuntary because the circuit court misled him regarding the burden of proof at the dispositional phase. N.H was advised at his initial appearance on the State’s petition to terminate his parental rights… Read more
E.S. v. K.R.K., 2024AP1174, District II, 8/28/24 (one-judge decision; ineligible for publication); case activity In yet another chapter in the ongoing “burden of proof” saga in TPR world, COA swats away K.R.K.’s constitutional challenge while also holding that she is not entitled to a new dispositional hearing at which time an explicit burden of proof… Read more
Brown County v. L.M.R., 2023AP2314, District III, 8/6/24 (one-judge decision; ineligible for publication); case activity COA rejects all of L.M.R.’s challenges raising commonly-litigated appellate issues and affirms in this Chapter 51 case given some less-than favorable facts. This is an appeal of an initial commitment order entered in 2022 after “Luke” was found wandering the… Read more
State v. Terron Anthony Clayborn, 2023AP283-CR, 8/20/24, District I (not recommended for publication); case activity In a case presenting a common postconviction fact pattern alleging an improper promise by counsel, COA affirms despite postconviction testimony largely corroborating the defendant’s account. Clayborn pleaded guilty to two felonies following a fatal accident. (¶1). In exchange for his… Read more
State v. Rodriguez, 2024AP481, 8/14/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s decision to exclude relevant, but inadmissible, evidence at refusal hearing because witness lacked personal knowledge. Rodolfo Rodriguez sought at his refusal hearing to cross-examine Police Officer A regarding Police Officer’s B’s interactions with him during a traffic… Read more
State v. Joseph B. Venable, 2023AP1367, 8/15/24, District IV (1-judge decision, ineligible for publication); case activity COA affirms circuit court judgment convicting Venable of first offense operating a motor vehicle while under the influence of controlled substances under Wis. Stat. § 346.63(1)(a), due to his use of prescription medications. A trooper pulled Venable over after… Read more
