by admin
on November 2, 2023
J.S. v. J.T., 2023AP38-39, 10/31/23, District 3 (one-judge decision; ineligible for publication); case activity
“Jack” filed for termination of “Jasmine’s” parental rights to their two children. At trial, Jasmine’s counsel didn’t object when Jack’s lawyer elicited testimony from a social worker that the children “seemed to love it” at the house Jack shared with his wife, that the couple were transparent, and that they had a “great support person.” The court of appeals doesn’t decide whether this was deficient performance, instead concluding that Jasmine didn’t show she was prejudiced by the admission of the testimony against her. [continue reading…]
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by admin
on November 1, 2023
D.T.S. v. B.E.C., 2023AP1081, 10/5/23, District 4 (one-judge decision; ineligible for publication); case activity
B.E.C. is A.R.G.’s birth mother. D.T.S. is A.R.G.’s father. D.T.S. had sole physical custody after her mother left A.R.G. in his care when A.R.G. was two. Later, D.T.S. remarried and moved for termination of B.E.C.’s rights to A.R.G., alleging, as relevant here, abandonment. His new wife also petitioned to adopt the girl. The jury found B.E.C. unfit and the circuit court terminated her rights. [continue reading…]
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by admin
on October 30, 2023
State v. Matthew E. Sullivan, 2023AP2138, 10/19/23, District IV (one-judge decision; ineligible for publication); case activity
Prior to his refusal hearing, Sullivan requested a continuance so he could obtain counsel. The circuit court denied his request. Sullivan then represented himself and challenged the sought after revocation by relying on the affirmative defense that a “physical disability or diseased unreleated to the use of alcohol” caused him to refuse the test. See Wis. Stat. § 343.305(9)(a)5.c. The circuit court rejected Sullivan’s affirmative defense and revoked his license. The court of appeals affirms.
[continue reading…]
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by admin
on October 27, 2023
State v. Jason William Castillo, 2023AP398, 10/26/23, District IV (one-judge decision; ineligible for publication); case activity
Castillo refused to submit to a chemical test for intoxication and subsequently challenged the revocation of his driver’s license. In doing so, however, Castillo claims only that he was unlawfully seized prior to his refusal and that the unlawful seizure should result in the suppression of the evidence. The court of appeals and the state agree that Castillo was unlawfully seized, but Castillo’s suppression claim fails because “there was no form of misconduct by the deputy and exclusion would not “appreciably deter” any form of police misconduct.” (Op., ¶3).
[continue reading…]
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by admin
on October 26, 2023
State v. Carlos Aguilar, 2022AP1826, 10/5/2023, District 4 (not recommended for publication); case activity (including briefs)
The state charged Aguilar with false imprisonment, which is a felony, and several misdemeanors relating to a domestic incident. At the original prelim, the circuit court dismissed the felony charge as not supported by probable cause. The state refiled and a second prelim was held, at which the state presented some additional testimony and some body cam footage. The circuit court again held there was not probable cause for the false imprisonment count, and again dismissed it. The state appealed. The court of appeals now reverses, rejecting Aguilar’s argument that the refiling should not have been allowed, and holding that the state showed probable cause at the second prelim; it thus remands for the case to proceed. [continue reading…]
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by admin
on October 25, 2023
On October 25, 2023, the court of appeals ordered publication of two criminal law related decisions:
State v. Troy Allen Lanning, 2023 WI App 52 (holding that a pending criminal prosecution means civil forfeiture proceeding need not be held within 60 days)
State v. Aaron L. Jacobs, 2023 WI App 53 (rejecting state’s expansive bail jumping prosecution and establishing a two-part test where a defendant was previously released from custody on bond, but is later taken back into custody in connection with the bond at issue)
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by admin
on October 25, 2023
Chippewa County Department of Human Services v. T.M.J., 2023AP463 & 2023AP464, 10/24/23, District III (one-judge decision; ineligible for publication); case activity
In another fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 2 children. [continue reading…]
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by admin
on October 18, 2023
Attorney Thomas L. Potter v. Circuit Court for Milwaukee County, the Honorable Kori Ashley, Presiding, 2022AP1396-CR, 10/17/23, District I (not eligible for publication); case activity
Although the prosecutor in this case may have conceptualized his decision to defy a court order as an act of civil disobedience necessary to preserve a challenge for appeal, COA disagrees and therefore affirms the circuit court’s order finding him in contempt.
[continue reading…]
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