Outagamie County D.H. & H. S. v. Michael P., 2015AP845, 3/22/16, District 3 (i-judge opinion; ineligible for publication); case activity A jury found grounds to terminate Michael P’s parental rights. He appealed and explained that during the County’s adverse examination of him, the trial judge repeatedly interrupted and instructed him to answer only the questions… Read more
A. Judicial bias
N.A.H. v. J.R.D., 2015AP1726, 2015AP1727, and 2015AP1728, District 4, 10/29/15 (one-judge decision; ineligible for publication); case activity (first case number) The petition to terminate J.R.D.s parental rights set forth sufficient facts to support the allegation that J.R.D. had failed to assume parental responsibility. N.A.H. filed a petition seeking to terminate the parental rights of J.R.D., the father of her… Read more
Questions Presented: 1. Are the Eighth and Fourteenth Amendments violated where the presiding Chief Justice of a State Supreme Court declines to recuse himself in a capital case where he had personally approved the decision to pursue capital punishment against Petitioner in his prior capacity as elected District Attorney and continued to head the District… Read more
State v. Jesse L. Herrmann, 2015 WI 84, 7/15/15, afffirming an unpublished per curiam court of appeals decision; case activity (including briefs) All seven justices agree Herrmann’s due process right to an impartial judge wasn’t violated in this case, as the sentencing judge’s remarks didn’t establish the judge was was objectively biased against Herrmann. Two… Read more
On review of a per curiam unpublished court of appeals decision; case activity Issue (composed by On Point) Did the circuit court violate Jesse Herrmann’s due process right to an impartial judge by exhibiting objective bias in sentencing Herrmann? Herrmann was convicted of one count of homicide by intoxicated use of a vehicle, two counts of injury by intoxicated… Read more
State v. Marcos Ordonia-Roman, 2012AP1371-CR, District 1/4, 4/10/14; court of appeals decision (not recommended for publication); case activity In a motion to suppress Ordonia-Roman’s confession, trial counsel alleged that during his interrogation Ordonia-Roman was without a required medication and was not allowed to take the medication. At the suppression hearing, however, Ordonia-Roman testified he had been prescribed the medication, but… Read more
State v. Anthony M. Teller, Jr., 2013AP502-CR, District 3, 8/13/13; court of appeals decision (1-judge; ineligible for publication); case activity The sentencing court exhibited objective bias in the form of the appearance of bias based on its statements at the original sentencing hearing: ¶21 …. The court told Teller he had “bad news” in the form… Read more
City of Appleton v. Kylie M. Johnson, 2012AP1922, District 3, 2/12/13; court of appeals decision (1-judge, ineligible for publication); case activity Jurisdiction of court – defects in truancy citation Defects in an habitual truancy citation did not prevent court from obtaining personal jurisdiction over Johnson before it entered default judgment. She did not appear at… Read more