City of Sheboygan Falls v. Wesley Scot Melton, 2023AP1183, 1/24/24, District II (one-judge decision; ineligible for publication); case activity
COA finds the City established sufficient evidence that Melton failed to stop for a school bus and therefore affirms.
[continue reading…]
City of Watertown v. Andrew D. Wiest, 2023AP992, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity
Although Wiest faults the City for failing to prove that he operated his motor vehicle while intoxicated, COA is satisfied there was sufficient circumstantial proof and affirms.
[continue reading…]
Columbia County DH&HS v. S.A.J., 2023AP1884, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity
In a lengthy opinion notable for its treatise-like treatment of the issues, COA rejects S.A.J.’s challenges to her TPR order.
[continue reading…]
K.W. & D.W. v. S.L., 2023AP1582, 2/13/24, District 3 (one-judge decision, ineligible for publication); case activity
The summary judgment issue here turned on one simple question: did a genuine issue of fact exist as to whether S.L. (“Susan”) knew or could have reasonably discovered the whereabouts of her son (Alex) during the relevant period of alleged abandonment? Upon consideration of Susan’s multiple affidavits and drawing reasonable inferences in the light most favorable to the Susan, as the non-moving party, the court of appeals reverses the circuit court’s order granting summary judgment on grounds. [continue reading…]
State v. E.M.A., 2023AP2043-45, 1/30/24, District 1 (one-judge decision, ineligible for publication); case activity
E.M.A.’s (“Emma’s) challenge to the court’s exercise of discretion at disposition fails and the court of appeals concludes the circuit court properly exercised its discretion in terminating Emma’s parental rights to her three children. [continue reading…]
State v. Jacob Karl Schindler, 2023AP755, 1/25/24, District 4 (one-judge decision, ineligible for publication); case activity
Schindler appeals from an order revoking his operating privileges after he refused to submit to chemical testing of his blood pursuant to Wisconsin’s implied consent law. The court of appeals affirms after concluding that the arresting deputy had probable cause to believe Schindler operated a motor vehicle under the influence of alcohol. [continue reading…]
State v. Kasey Ann Gomolla, 2022AP199-CR, 2/6/24, District 3 (recommended for publication); case activity
Even if the court of appeals had not recommended this decision for publication, Gomolla’s case seems destined for further review. While the facts here are somewhat distinguishable from State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64, Cross’ counter-intuitive holding, even with arguably “better” facts, seems to have hamstringed the court of appeals from acknowledging that a plea cannot be said to be “knowing, intelligent, and voluntary” if the defendant does not know the correct maximum penalty. If we had to guess, SCOW will soon be considering whether to reconsider, limit, or overrule Cross. [continue reading…]
State v. M.D.B., Jr., 2023AP620, 2/6/24, District I (1-judge decision; ineligible for publication); case activity
The State’s efforts to revive this delinquency case on appeal fail, as they are unable to persuade COA that the circuit court erroneously exercised its discretion in dismissing the petition with prejudice for failure to comply with a statutory deadline.
[continue reading…]
