by admin
on February 9, 2023
Barron County v. K.L., 2022AP502, District 3, 02/07/2023 (one-judge decision, ineligible for publication), case activity
K.L. (Katie) challenged the 2021 extension of her original 2013 Chapter 51 commitment on two grounds: (1) insufficient evidence of dangerousness and (2) the circuit court’s failure to “make specific factual findings with reference to the subdivision paragraph of Wis. Stat. § 51.20(1)(a)2. on which the recommitment is based.” See Langlade County v. D.J.W., 2020 WI App 41, ¶3, 391 Wis. 2d 231, 942 N.W.2d 277. The court affirms Katie’s recommitment after concluding the county presented “clear and convincing evidence” that Katie was dangerous under the fourth standard (see Wis. Stat. § 51.20(1)(a)2.d.), and that the circuit court complied with D.J.W. when it “checked two boxes on its written order,” which indicated that Katie was dangerous under the third and fourth standards. (Opinion, ¶¶2, 12). [continue reading…]
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by admin
on February 6, 2023
State v. Larry L. Jackson, 2023 WI 3, 01/20/23, affirming in part, reversing in part, and remanding a per curiam court of appeals decision; case activity (including briefs)
A unanimous supreme court holds that Jackson is entitled to an evidentiary hearing under State v. Machner on one of his three claims of ineffective assistance of counsel. [continue reading…]
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by admin
on February 1, 2023
State v. Ayodeji J. Aderemi, 2023 WI App 8; case activity (including briefs)
This appeal concerns a problem many will encounter. An alleged attempt to e-file a document apparently failed. Here, the document was the State’s Information. Aderemi argued that the fumble caused the State to miss its filing deadline, so under §971.01(2) the circuit court had to dismiss the case without prejudice. In a split decision, recommended for publication, the majority (White and Brash) ruled for the State. The dissenter (Dugan) faults the majority for ignoring important parts of Wisconsin’s e-filing statute. He would reverse and remand for an evidentiary hearing. [continue reading…]
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by admin
on January 31, 2023
State v. James P. Killian, 2020AP2012, review of a published court of appeals decision granted 1/20/23; case activity
Issues presented (from state’s PFR):
Has the State exposed Killian to multiple prosecutions for the same offense in violation of double-jeopardy principles? [continue reading…]
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by admin
on January 30, 2023
Winnebago County v. D.J.S., 2022AP1281, District 2 (one-judge decision ineligible for publication), case activity
Accompanied by a familiar sounding caveat that “it certainly would have been better if the County had presented more evidence and the circuit court had been more detailed and specific in its oral determination,” the court of appeals rejects D.J.S.’s sufficiency of the evidence challenge to the extension of his Chapter 51 involuntary civil commitment. (Opinion, ¶8). [continue reading…]
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by admin
on January 27, 2023
N.D. v. E.S., 2022AP1084, District 2, 01/25/23 (one-judge decision; ineligible for publication); case activity
Nancy (N.D.) petitioned to terminate Ed’s (E.D.’s) parental rights on the grounds that he abandoned their daughter, Kim. See Wis. Stat. § 48.415(1). At trial, Ed asserted a “good cause” defense that Nancy prevented him from having contact with Kim, and in response, Nancy was allowed to testify that the reason for her interference was Ed’s “heroin use.” Despite the fact that Nancy had no personal knowledge of Ed’s suspected heroin use, the circuit court ruled, and the court of appeals agrees, that the fact that Ed admitted to being drug tested was sufficient foundation for Nancy’s testimony. As a result, Ed’s ineffective assistance of counsel claims related to this evidence fails. [continue reading…]
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by admin
on January 26, 2023
On January 25, 2023, the court of appeals ordered the publication of the following criminal-law related decision:
State v. Steven W. Bowers, 2023 WI App 4 (affirming suppression of evidence seized during warrantless search of defendant’s Dropbox account)
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by admin
on January 24, 2023
Brown County DHHS v. T.R., 2022AP1094, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity
In a TPR proceeding a motion for summary judgment may be filed any time before trial, as prescribed in § 48.297(1) and (2), and is not governed by the time limit for summary judgment motions prescribed in § 802.08(1).
[continue reading…]
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