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C. Unpublished Opinions

Defense Win! Yet another DJW reversal

Winnebago County v. T.S., 2023AP1267, 3/6/24, District II (one-judge decision; ineligible for publication); case activity In yet another 51 appeal attacking the sufficiency of the circuit court’s findings, COA rejects the County’s arguments and reverses. “Terry” was originally placed in DHS custody following an NGI verdict in his 2018 criminal case. (¶3). Shortly before his… Read more

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Winnebago County v. C.J.H., 2023AP1263, 3/6/24, District II (one-judge decision; ineligible for publication); case activity In a 51 appeal presenting several commonly litigated issues, COA finds no error and affirms. This is an appeal from an initial commitment order involving “Carly,” who allegedly became suicidal after being detained at the Winnebago County Jail. (¶3). Following… Read more

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State v. H.C., 2023AP1950, 3/5/24, District I (one-judge decision; ineligible for publication); petition for review granted 9/11/24 case activity In an interesting decision that seems almost guaranteed to invite review by SCOW, COA departs from the plain language of the statute and reads a burden of proof requirement into the TPR dispositional procedure. Before we get… Read more

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State v. I.A.A., 2023AP1723-24, 2/28/24, District 2 (one-judge decision; ineligible for publication); case activity Long story short, the court of appeals affirms the orders terminating I.A.A.’s (“Ivy’s”) parental rights despite the circuit court’s admitted failure to comply with Wis. Stat. § 48.422(3)’s mandate to take testimony related to grounds at Ivy’s no contest plea hearing… Read more

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State v. S.N., 2023AP2366-67, 2/27/24, District I (one-judge decision; ineligible for publication); case activity “Sally’s” challenge to the court’s discretionary termination order fails, as the circuit court’s order was supported by evidence in the record. “Sally” attacks the circuit court’s discretionary order terminating her parental rights by first focusing on the court’s consideration of her… Read more

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Burnett County v. B.S., 2023AP1811-FT, 2/28/24, District III (one-judge decision; ineligible for publication); case activity Due in part to last-minute witness unavailability, the County’s attempt to rely solely on generic and conclusory testimony from an examining psychiatrist fails in yet another helpful, and citable, 51 win. This is an appeal from Brian’s fourth recommitment hearing… Read more

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Winnebago County v. B.R.C., 2023AP1842, 2/14/24, District 2 (one-judge decision; ineligible for publication); case activity In quite the head-scratcher, the court of appeals rejects a D.J.W. “specific factual findings” claim while acknowledging that such claims “are multiplying and it is clear that all sides could benefit from clarity on the point.” (Emphasis added). The court then proceeds… Read more

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Manitowoc County HSD v. B.M.T., 2022AP2079 & 2023AP904, 2/21/24, District 2 (one-judge decision; ineligible for publication); case activity In this consolidated appeal from successive orders extending B.M.T.’s civil commitment, the court of appeals rejects B.M.T.’s claim that the circuit court lacked competency to enter the 2022 order, but agrees that the circuit court failed to… Read more

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