Waupaca County v. J.D.C., 2023AP961, 9/14/23, District IV (one-judge decision; ineligible for publication); case activity In another big defense win, COA clarifies the two requirements imposed on circuit courts by Langlade County v. D.J.W. and provides a roadmap for future challenges. Let’s start with the law first. As COA accurately recites, in D.J.W., SCOW clarified that… Read more
C. Unpublished Opinions
Washington County H.S.D. v. Z.A.Y., 2023AP447, 9/13/23, District II (one-judge decision; ineligible for publication); case activity In a big defense win, COA reverses a commitment and accompanying medication order due to the circuit court’s failure to make specific findings. “Zachary” appeals orders extending his Ch. 51 involuntary commitment and for involuntary medication. (¶1). He argues… Read more
Winnebago County v. C.H., 2023AP505, 8/30/23, District 2 (one-judge decision; ineligible for publication); case activity In this Ch. 51 appeal, COA swats aside familiar 51 arguments, expresses its frustration with a “flood” of Ch. 51 appeals and, with approving citation to a dissent from SCOW, hints that we may not have heard the last of… Read more
State v. R.T., 2023AP1095 & 2023AP1096, District I, 9/12/23, 1-judge decision ineligible for publication; case activity (briefs not available) R.T. (“Richard”) pled no contest to grounds but disputed whether his parental rights should be terminated at disposition. Specifically, Richard argued that “there was no support in the record for the court’s finding that it was in… Read more
David Patton v. Circuit Court for Kenosha County, 2023AP809-FT & 2023AP810-FT, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs) In an appeal displaying the extreme deference accorded to the circuit court’s contempt finding, COA defers to the circuit court’s decision to order a $100 contempt sanction against a lawyer in a… Read more
City of Whitewater v. Douglas E. Kosch, 2022AP800, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs) Although Kosch throws the kitchen sink at his OWI and refusal convictions, COA methodically works through his myriad challenges on a path toward affirmance. This OWI case begins with a 911 call from a motel… Read more
Brown County v. Z.W.L., 2022AP2201, District 3, 9/12/23 (one-judge decision; ineligible for publication); case activity (briefs not available) In yet another hearsay-based sufficiency challenge to a Chapter 51 commitment, Z.W.L. (“Zeb”) succeeds because the circuit court relied on inadmissible hearsay and no other evidence established that Zeb was dangerous. Specifically, while Zeb made admissible “party-opponent” statements… Read more
State v. B.W., 2022AP1329, District I, 9/12/23, PFR granted 12/11/23; affirmed 6/27/2024; (1-judge decision; ineligible for publication); case activity (briefs not available) In yet another TPR appeal presenting an alleged miscommunication of the dispositional burden of proof, COA’s close read of the record evidence prevents B.W. from obtaining a requested hearing. As we noted in… Read more
