Manitowoc County v. K.H., 2020AP2150 and Manitowoc County v. K.R., 2021AP90-93; 4/27/22; District 2 (1-judge opinion, ineligible for publication); case activity
K.R. appealed a December 2020 order instituting permanency plans for his 4 children. His mother also appealed one of the permanency plans. They claimed that they were denied their due process right to meaningful participation in the plan review hearing. The court of appeals gives no specifics. Instead, it holds that because the permanency plans are no longer in effect, the appeal is moot. K.H. did not develop an argument for why the issue would recur and evade review. And she didn’t argue that the issue was of great public importance, until her reply brief.
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by admin
on April 29, 2022
State v. Joseph M. Marks, 2022 WI App 20; case activity (including briefs)
Given the facts in this case, the court of appeals rejects the defendant’s claim that an audiovisual recording of a child’s statement was inadmissible under § 908.08 because investigators merged a separate audio file of the interview with the video to correct a problem with the original audio. [continue reading…]
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by admin
on April 28, 2022
On April 28, 2022, the court of appeals ordered publication of the following criminal law related decisions: [continue reading…]
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by admin
on April 28, 2022
State v. Dominic A. Caldiero, 2021AP1163-CR, District 4, 4/28/22 (one-judge decision; ineligible for publication); case activity (including briefs)
When he drove in 2019, Caldiero was still “subject to” a 2015 court order under § 343.301 (2013-14) restricting his operating privilege to cars with an ignition interlock device (IID) because the time period on that restriction does not begin to run till DOT issues him a driver’s license, and that hadn’t happened as of the date he was driving. [continue reading…]
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by admin
on April 28, 2022
State v. Tomas Jaymitchell Hoyle, 2020AP1876-CR, 4/26/22, District 3 (not recommended for publication); case activity (including briefs)
Hoyle chose to remain silent at his trial for child sexual assault. During closing arguments, the prosecutor repeatedly argued that the testimony from “Hannah” (the complaining witness) was “uncontroverted” and told the jury it had “heard no evidence” and that there was “absolutely no evidence” disputing her account of the alleged sexual assault. Under the circumstances of this case, the court of appeals holds that the prosecutor’s arguments violated Hoyle’s Fifth Amendment rights. [continue reading…]
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by admin
on April 26, 2022
State v. A.P., 2022AP95-97, 4/26/22, District 1 (1-judge opinion, ineligble for publication); case activity
Seems like we went years without a defense win in a TPR appeal. Then–just like that–we get 4 citable defense wins in 9 months. See also this win, this win, and this win! At the disposition stage in A.P.’s case, the circuit court was supposed to consider the 6 “best interests of the children” factors, but it only considered 5. The testimony on the missing factor was conflicting. Thus, the court of appeals reversed this TPR and remanded for further proceedings. [continue reading…]
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by admin
on April 26, 2022
State v. Rodney J. Ofte, 2021AP1302-CR, 4/21/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)
After the State charged Ofte with OWI 2nd, he moved for suppression because Deputy Paulson had interrogated him in the back of a locked squad car without a Miranda warning. The circuit court suppressed all evidence from that point on–Ofte’s statement and the results of his FSTs and breathalyzer test. The State appealed arguing that Ofte was not in custody for 5th Amendment purposes. The court of appeals disagrees. [continue reading…]
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by admin
on April 26, 2022
The latest edition of SCOWstats reports that from 2019-2021 SCOW issued defense wins in 38% of 4th Amendment cases. Believe it or not, that is cause for celebration! It dwarfs the percentages of 4A victories in terms reaching back to 1995-1996. Historically, which justices have been most (and least) receptive to 4A arguments? Find out here.
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