State v. Luis A. Ramirez, 2022AP959-CR, 4/25/24, District IV (recommended for publication); petition for review granted 10/7/24, case activity In a must-read defense win, COA holds that the State’s “cavalier disregard” for Ramirez’s speedy trial rights entitle him to dismissal of the underlying complaint. Be warned: This is a lengthy opinion, the upshot of which is… Read more
46. WI Court of Appeals
Kenosha County DC&FS v. M.A.M., 2023AP1643-45, 4/24/24, District II (one-judge decision; ineligible for publication); case activity In a case demonstrating the difficult hurdles litigants must clear in order to prove deficient performance, COA affirms an underlying order terminating “Mary’s” parental rights. In this TPR action involving multiple children, the County alleged only one ground–continuing CHIPS… Read more
State v. Maria A. Larson, 2023AP1534-CRAC, 4/24/24, District II (recommended for publication); case activity Larson’s frustrated attempts to request judicial substitution are finally vindicated in this published decision emphasizing a plain text reading of the statute’s straightforward legal requirements. At its core, this appeal presents a very simple dispute. Larson and her co-defendant were charged… Read more
Defense Win! Insufficient evidence of dangerousness under first or second standards of dangerousness
Marinette County v. C.R.J., 2023AP1695-FT, 4/16/24, District III (one-judge decision; ineligible for publication); case activity C.R.J. (“Caleb”) challenged his commitment on two fronts: (1) the circuit court’s failure to comply with Langlade County v. D.J.W.’s “specific factual findings” mandate and (2) the county failed to introduce sufficient evidence of dangerousness under either standard. After critiquing the circuit… Read more
State v. J.S.,, 2024AP180 & 2024AP181, 4/16/24, District I (one-judge decision; ineligible for publication); case activity On appeal from TPR orders related to her two children, J.S. (“Julia”) raised two issues: whether the circuit court had personal jurisdiction over her and whether the circuit court erred by granting the GAL’s substitution request. The court of… Read more
Winnebago County Department of Human Services v. C.R.Q., II,, 2024AP81, 4/17/24, District II (one-judge decision; ineligible for publication); case activity In a fact-dependent TPR appeal, “Craig” attacks the circuit court’s discretionary ruling on multiple fronts but fails due to the imposing standard of review. This is a relatively long and factually quite dense opinion. It… Read more
Brown County Health and Human Services v. R.U., 2024AP45-6 4/16/24, District IV (one-judge decision; ineligible for publication); case activity In yet another fact-dependent TPR appeal, COA affirms given well-settled (and difficult to overcome) legal standards. Summary Judgment “Ralph” appeals the circuit court’s order granting summary judgment as to grounds with respect to § 48.415(4) (continuing… Read more
Jackson County Department of Human Services v. I.J.R.,, 2023AP1495-6 4/11/24, District IV (one-judge decision; ineligible for publication); case activity In yet another beefy TPR appeal presenting multiple issues, COA rejects all of I.J.R.’s arguments and affirms. Right to Appear In-Person at Summary Judgment Hearing Here, the petitioner moved for partial summary judgment as to grounds… Read more