State v. Morris V. Seaton, 2021AP1399-CR, certification granted 3/24/23; remanded, 2023 WI 69;District 2; case activity (including briefs) case activity (including briefs) Question presented (from the court of appeals’ certification): In light of the 2014 amendment of WIS. STAT. § 904.04(2)(b) (2019-20), codifying and expanding the “greater latitude” rule and the Wisconsin Supreme Court’s decision… Read more
Important Posts
State v. Y.P.V., 2022AP1935-36, 3/21/23, District 1 (1-judge opinion, ineligible for publication); case activity The court of appeals reversed and remanded this TPR for two reasons. First, the mom made a prima facie case that her “no contest” plea to grounds was not knowing, intelligent, and voluntary because, during the plea colloquy, the circuit court… Read more
The filing of an Emergency Protective Placement petition under §55.135(1) triggers a probable cause hearing within 72 hours. Once the court finds probable cause it may order a temporary protective placement for up to 30 days pending a hearing on a permanent protective placement. Wis. Stat. §55.135(5). Sometimes the client wants to exercise her right… Read more
Milwaukee County v. D.H., 2022AP1402, 3/7/23, District 1 (1-judge opinion, ineligible for publication); case activity To obtain an involuntary medication order, a county must satisfy the multi-step test for incompetency to make medication decisions in §51.61(1)(g)4. The first step requires the county to prove that the person received a “reasonable explanation” of the advantages, disadvantages… Read more
State v. Oscar C. Thomas, 2023 WI 9, 2/21/23, affirming a published court of appeals decision; 2020AP32; case activity (including briefs) As on quite a few previous occasions, our high court has issued a decision without a single majority one can cite for the holdings on each issue presented. Unlike on some of those occasions… Read more
Outagamie County v. L.X.D.-O., 2023 WI App 17; case activity Unfortunately, the court of appeals just turned Chapter 51 upside down in a published opinion. It holds that counties must move examiners’ reports into evidence at recommitment hearings, but not at initial commitment hearings. This appeal concerns the sufficiency of the evidence to support an… Read more
State v. Debra L. Rippentrop & Steven E. Rippentrop, 2023 WI App 15; case activity (including briefs) 2022AP92-CR and 2022AP93-CR The nonprosecution agreement the Rippentrops made with the state doesn’t violate public policy and is therefore enforceable, and that requires the criminal charges filed against them to be dismissed with prejudice. In 2019 the Rippentrops… Read more
USA v. Jeremy D. Banks, Appeal No. 22-1312 (7th Cir. Feb. 13, 2023). Banks, a convicted felon, posted a video on Snapchat showing himself barbequing on his front porch with a gun nearby. Officers saw the video and raced to his house without a warrant. They walked onto Banks’s porch, caught him by surprise, engaged… Read more
