State v. John N. Navrestad, 2014AP2273, District 4, 7/2/15 (one-judge decision; ineligible for publication); case activity (including briefs) Disagreeing with the result reached in two recent unpublished decisions that addressed the same issue, a court of appeals judge holds that a circuit court had jurisdiction to convict Navrestad of OWI 1st in violation of a… Read more
24. Jurisdiction, etc
Sheboygan County v. Christopher A.G., 2014AP2489, District 2, 2/25/15 (one-judge decision; ineligible for publication); case activity The circuit court erred in holding a due process hearing on Christopher’s protective placement without Christopher’s physical presence and without the guardian ad litem (GAL) waiving his attendance in writing prior to the hearing as required by § 55.10(2) and Jefferson County… Read more
City of Stevens Point v. Jared T. Lowery, 2014AP742, 2/5/15; District 4 (1-judge opinion; ineligible for publication); click here for docket and briefs It seems the City didn’t know of Lowery’s two prior OWI convictions when it charged him with, and obtained a conviction for, OWI first under a city ordinance. Only the State (not a city) may… Read more
State v. Richard Harrison, 2015 WI 5, 1/22/15, affirming a summary disposition of the court of appeals; opinion by Chief Justice Abrahamson; case activity The supreme court unanimously holds that a circuit judge erred by presiding over Harrison’s trial, sentencing, and postconviction motions after Harrison filed a timely and proper § 971.20 request for substitution of the judge, the request was… Read more
Tina B. v. Richard H., 2014 WI App 123; case activity The circuit court lost competency to decide a guardianship proceeding under § 54.34 because it failed to decide the case within the statutory time limit, but the circuit court’s decisions in a related guardianship proceeding under § 48.977 are affirmed. Elizabeth H. is in a… Read more
City of Kaukauna v. Grant R. Loescher, 2014AP954, District 3, 11/4/14 (1-judge decision; ineligible for publication); case activity Loescher’s 1997 conviction for first-offense OWI is not void because it was properly counted as a first offense despite his OWI conviction in 1992. Loescher claimed his 1997 offense should have been charged as a criminal second-offense OWI because he had… Read more
Waukesha County v. Steven R.C., 2014AP1032-FT, District 2, 9/10/14 (1-judge; ineligible for publication); case activity The failure to hold a probable cause hearing within 72 hours of Steven’s initial detention deprived the circuit court of competency to proceed, despite the County’s filing of a new petition within the 72-hour time period with new allegations. Steven was detained… Read more
Tiffany Hill v. D.C., 2014 WI App 99; case activity Because the plain language of § 813.125(3)(c) allows only one extension of a temporary restraining order, the circuit court lost competency to proceed when it extended the TRO twice. Under the two-part procedure for harassment injunctions, a party first seeks an ex parte TRO, and then the court holds a final… Read more
