On Point

Winnebago County v. J.D.J., 2022AP1138, 2/22/23, District 2, (1-judge opinion, ineligible for publication); case activity

Such a maddening case. J.D.J., a prisoner diagnosed with schizoaffective disorder, was going to have a hard enough time winning a jury trial regarding his ch. 51 initial commitment. But the circuit court made his uphill battle impossible through a series of highly questionable pre-trial and trial rulings. Then the court of appeals, relying on nothing beyond its gut (i.e. not case law) affirmed. [continue reading…]

Wood County v. P.M.P., 2022AP1815, 2/23/23, District 4, (1-judge opinion, ineligible for publication); case activity

In this appeal, P.M.P.’s sole challenge was to the circuit court’s application of the “best interest of the child” factors in §48.426(3)(a)-(f). P.M.P. conceded that the circuit court adequately considered the “substantial relationship” factor, but its analysis of the other facts was too terse. The decision required reversal under s Minguey v. Brookens, 100 Wis. 2d 681, 303 N.W.2d 581 (1981) and State v. Margaret H., 2000 WI 42, ¶27, 234 Wis. 2d 606, 610 N.W.2d 475. The court of appeals disagreed and affirmed. [continue reading…]

State v. Graham L. Stowe, 2021AP431-CR, District 3, 02/17/23 (not recommended for publication); case activity (including briefs)

Graham Stowe was found NGI in 2005 and committed to the Department of Health and Family Services for 39 years and 6 months. Between 2007 and 2019, Stowe filed 10 petitions for conditional release. The same circuit court judge who committed Stowe in 2005 has presided over every subsequent proceeding. After five prior appeals, the court of appeals now agrees with Stowe that the circuit court was objectively biased at his 2019 conditional release hearing based on a totality of comments that demonstrate a “serious risk of actual bias.” As a result, the court reverses the circuit court and remands the case for a new conditional release hearing before a different judge. (Opinion, ¶2). [continue reading…]

J.C. v. R.S., 2022AP1215 , 2/16/23, District 4, (1-judge opinion, ineligible for publication); case activity

In a rare Chapter 55 reversal, the court of appeals held that the petitioner failed to prove that the individual under review had a degenerative brain disorder that was likely to be permanent. [continue reading…]

Outagamie County v. C.J.A., 2022AP230, 2/17/23, District 3 (one-judge decision; ineligible for publication); case activity

“Catherine” appeals the extension of her ch. 51 commitment. The recommitment hearing was originally set for a few days before her previous extension would expire. But three days before that scheduled hearing, Catherine requested an independent examination. She, the court, and the county agreed to a “stipulation for temporary extension to commitment” for 60 days. The final hearing was held near the end of this 60 days, 57 days after her commitment had been set to expire before the stipulation. [continue reading…]

R.G. v. S.P., 2022AP1876, District 4, 02/16/2023 (one judge opinion; ineligible for publication); case activity

R.G. filed a petition to voluntarily terminate his parental rights to a non-marital child that he had not seen in over seven years. The circuit court dismissed his petition for lack of jurisdiction. R.G. pursued an appeal pro se, arguing that Wis. Stat. § 48.185 supported his petition in Dane County. However, § 48.185 is a venue provision and the circuit court’s personal jurisdiction is controlled by Wis. Stat. § 822.21(1), which provides that jurisdiction exists only if Wisconsin “is the home state of the child on the date of the commencement of the proceeding.” The court affirms based on the undisputed record that R.G.’s child lives in Illinois with the mother and R.G. presented no evidence that the child resided in Wisconsin within six months prior to the filing of R.G.’s petition. (Opinion, ¶4).

State v. Amber C. Debree, 2022AP1311-CR, 02/08/23, District II (1-judge opinion, ineligible for publication); case activity (including briefs)

Debree’s disorderly conduct conviction stemmed from a physical altercation she had with her husband immediately after Debree learned he had impregnated her adult daughter. The sentencing court placed Debree on probation for two years after it questioned whether Debree was “truly accepting responsibility for her actions” and expressed concern about her criminal record. In response to the concerns about her criminal record, Debree moved the court to modify her sentence based on her history of being abused by her husband, which provided additional context to her actions in this case and some explanation for her criminal record. Ultimately, the court of appeals affirms the circuit court’s denial of her new factor claim because Debree could not show that her claimed new factor was “unknowingly overlooked by all of the parties.” (Opinion, ¶8). [continue reading…]