La Crosse County HSD v. C.J.T., 2015AP252, District 4, 10/16/15 (one-judge decision; ineligible for publication); case activity
The fact that the County’s attorney handling this TPR proceeding retained the GAL in the case to represent the her in an unrelated personal injury matter didn’t create a conflict of interest that required a new trial. [continue reading…]
SCOWstats has conducted a Politfact-style check on the concerns Justice Abrahamson raised in the order granting review of State v. Salinas. Her claims: (1) the number of cases on SCOW’s docket has dropped significantly; and (2) the number of per curiam court of appeals opinions on SCOW’s docket has jumped significantly. Click here to gauge what her score would be on a “Truth-O-Meter”!
Why is the happening? And more importantly, what does this mean for the State of Wisconsin, which depends on the supreme court to fulfill its “law development” function?
Winnebago County v. B.C., 2015AP1192-FT, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity
Applying Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607, the court of appeals holds the County proved B.C. was incompetent to refuse medication, § 51.61(1)(g)4.(intro.) and b., rejecting B.C.’s arguments that: 1) the record doesn’t document how and when he was advised of advantages, disadvantages, and alternatives to medication; and 2) the evidence doesn’t prove B.C. was incapable of making an informed choice about accepting or refusing medication. [continue reading…]
City of Mequon v. Luke J. Chiarelli, 2015AP359, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity (including briefs)
There was reasonable suspicion to stop of Chiarell’s car based on two lane deviations during early morning hours and, based on observations the officer made after the stop, there was probable cause to arrest Chiarelli for OWI. [continue reading…]
Democratic Party of Wisconsin v. Wisconsin Department of Justice, 2014AP2536-FT, District 4/2, 10/14/15 (summary disposition; ineligible for publication, reversed, 2016 WI 100; case activity (including memo briefs)
While this decision is not citable, even for persuasive value, see Rule 809.23(3)(b), On Point thought it newsworthy enough to bring to our readers’ attention. Here’s the genesis of the case: Before the November 2014 election, the Democratic Party filed an open records request for videos of two training presentations made by Brad Schimel, the DA running for Attorney General. The Department of Justice denied the request, but a circuit judge ordered the videos to be released. The court of appeals affirms that order. [continue reading…]
We couldn’t resist quoting the instantly classic, subtly punning first sentence of this AP report: “A former meerkat expert at London Zoo has been ordered to pay compensation to a monkey handler she attacked with a wine glass in a love spat over a llama-keeper.” The Guardian dispenses with the pun but has more details here.
State v. C.S., 2015AP1345, 10/13/15, District 1 (one-judge opinion, ineligible for publication); case activity
The court of appeals here carefully recites, and then affirms, circuit court findings that the termination of C.S.’s parental rights were in the best interests of her child, M.G. Its analysis, however, displays little regard for the standard of review. [continue reading…]
Last Friday, Governor Walker appointed Court of Appeals Judge Rebecca Bradley to the Supreme Court of Wisconsin. She reportedly begins her new job today. Barring holidays, the District 1 Court of Appeals typically releases its opinions on Tuesdays. But late Friday afternoon, in a very unusual move, the Court of Appeals rushed out 10 opinions for cases that Bradley was sitting on. All criminal cases. All defense losses. 8 per curiam opinions, 1 unpublished opinion, and 1 opinion, on a significant 4th Amendment issue, that is recommended for publication.
Does haste make waste? See our post below on State v. David Jerome Gant.
