Winnebago County v. Thomas J. Roberts, 2023AP1808, District II, 6/12/24 (one-judge decision; ineligible for publication); case activity
In a rare appeal of a conviction for speeding, COA easily dispatches Roberts’s arguments given the deferential standard of review for findings of fact.
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May was quiet; aside from the seismic win in Pope, there were only a few cases of potential interest to our readers:
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Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, 6/4/24, District III (recommended for publication); case activity
Court of Appeals affirms circuit court’s order affirming DOJ’s decision to deny applicant’s request to purchase firearm after applicant’s conviction for a misdemeanor crime of domestic violence was expunged.
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State v. Joseph S. Schenian, 2023AP2017-CR, 6/5/24, District II (1-judge decision, ineligible for publication); case activity
Despite Schenian’s best efforts to do away with a damaging PBT result, COA rejects his arguments and affirms.
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Outagamie County DHHS v. L.C.E., 2023AP929, District 3, 6/4/24 (one-judge decision; ineligible for publication); case activity
There was insufficient evidence for the protective placement order because the County failed to prove that “Lauren” was “so totally incapable of providing for . . . her own care or custody as to create a substantial risk of serious harm to . . . herself or others,” as required by § 55.08(1)(c). [continue reading…]
City of Hartford v. Edward H. White, 2023AP1813 & 2023AP1814, 6/5/24, District II (1-judge decision, ineligible for publication); case activity
Although White tries to argue that he was under an unconstitutional constructive arrest when initially seized for suspicion of an OWI offense, COA finds his arguments unavailing and affirms.
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State v. Les Paul Henderson, 2023AP2079-CR, 5/31/24, District IV (not recommended for publication); case activity
Although Henderson fails to persuade COA that a JOC making him eligible for early release programming controls, he does live to fight another day given COA’s order that he receive a hearing at which time the circuit court will have to exercise its discretion to determine his eligibility.
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State v. E.S., 2024AP395 & 396, 5/21/24, District I (one-judge decision; ineligible for publication); case activity
E.S. (“Emily”) challenges the sufficiency of the evidence supporting the circuit court’s finding that her children did not have a substantial relationship with her and that they were too young to express their wishes. The court of appeals affirms after reviewing the record and concluding that the circuit court properly exercised its discretion by considering the statutorily required disposition factors and reaching a decision that a reasonable judge could reach Op., ¶26. [continue reading…]
