State v. V.R., 2020AP798 & 2020799, 1/26/21, Distrct 1 (1-judge opinion; ineligible for publication); case activity This is an appeal from an order terminating V.R.’s parental rights. The court of appeals rejected a no-merit report because the record revealed that neither defense counsel nor the circuit court had discussed the meaning of a “substantial parental… Read more
46. WI Court of Appeals
On January 27, 2021, the court of appeals ordered the publication of the following criminal law related decisions: State v. Thomas A. Nelson, 2021 WI App 2 (a new Confrontation Clause exception for nurse’s “Sexual Abuse Evaluation”) Jama I. Jama v. Jason C. Gonzalez, 2021 WI App 3 (criminal malpractice plaintiff needs to prove his… Read more
State v. Jalen F. Gillie, 2020AP372, 1/20/21, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Gillie’s car on a “dark night” because of “suspected illegal window tint.” An eventual search of the car turned up a gun and Gillie was convicted of carrying a concealed weapon without a permit… Read more
State v. James Lee Ballentine, 2019AP1597, 1/20/21, District 2 (not recommended for publication); case activity (including briefs) Ballentine stood trial for three counts of delivering drugs. The charges arose from controlled buys; James was the informant and buyer. Ballentine’s defense was that James–seeking mitigation in his own drug charges–had framed Ballentine. Ballentine’s theory was that… Read more
State v. Nhia Lee, 2021 WI App 12, case activity (including briefs) This is an important decision for areas of Wisconsin where there is a shortage of defense lawyers. In 2018, when the private bar rate was $40, Lee was charged with felonies in Marathon County and then held for 101 days without counsel while… Read more
State v. Todd N. Triebold, 2021 WI App 13; case activity (including briefs) Triebold was convicted of child sexual assault in Wisconsin and subject to lifetime sex offender registration. He moved to Minnesota and notified the Wisconsin DOC of his address. But he moved again and failed to notify either Wisconsin or Minnesota of his… Read more
Outagamie Countyv. G.S., 2019AP1950, 1/20/21, District 3 (1-judge opinion, ineligible for publication); case activity “George” called law enforcement claiming to be a federal authority who wanted to make a citizen’s arrest of some duck hunters. When a deputy arrived at the lake he saw George in a boat with 2 encased firearms about 100 yards… Read more
State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, District 4, 1/14/21 (not recommended for publication), petition for review granted, 6/16/21; affirmed, 2022 WI 8; case activity (including briefs) A defendant who is found not guilty by reasons of mental disease or defect (NGI) of a crime may be committed under § 971.17 for the maximum… Read more
