State v. S.L.W., 2021AP1736 & 1737, 6/1/22, District 1 (one-judge decision; ineligible for publication); case activity
S.LW. appeals the termination of parental rights to her children. She argues her attorney failed to inform the jury of court-ordered services the Milwaukee County child-services agency didn’t provide. The court of appeals holds that if counsel performed deficiently in this regard, it didn’t affect the jury trial because the county did make a reasonable effort to provide the services, and because there was an independent ground for termination. (UPDATE: the original post said S.L.W. didn’t challenge this second ground on appeal; the comment below informs us that she did.) [continue reading…]
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State v. S.R., 2022AP293, 294 & 295, 6/1/22, District 1 (one-judge decision; ineligible for publication); case activity
S.R. appeals the termination of her parental rights to three of her children. A jury found her unfit on two grounds: continuing CHIPS and failure to assume parental responsibility. She doesn’t challenge these findings on appeal; she instead attacks the circuit court’s determination that terminating her parental rights was in the children’s best interest. [continue reading…]
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Outagamie County v. C.J.A., 2022 WI App 36; case activity
On April 12th the court of appeals issued an opinion holding that due process does not require a county to give particularized notice of the standard of dangerousness that a person will satisfy if treatment is withdrawn. It also found that special verdict given to the jury defective. The court of appeals reversed and remanded the case for a new trial on a recommitment that had expired. Happy news! The court of appeals withdrew that opinion. The reissued opinion omits the due process decision, retains the special verdict win, and now reverses outright. [continue reading…]
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State v. Theophilous Ruffin, 2022 WI 34, reversing an unpublished court of appeals decision; case activity (including briefs)
This case doesn’t break new ground or develop existing law. Instead, it reverses the court of appeals for not applying the standard a circuit applies when deciding whether to hold an evidentiary hearing on a postconviction motion that alleges ineffective assistance of trial counsel. [continue reading…]
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Daniel Doubek v. Joshua Kaul, 2022 WI 31, 5/20/22, on certification from the court of appeals; case activity (including briefs)
A person convicted of a “misdemeanor crime of domestic violence” as defined under federal law, 18 U.S.C. § 921(a)(33)(A), is barred from possessing a gun under federal law and, therefore, from getting a license to carry a concealed weapon in Wisconsin, § 175.60(3)(b). A unanimous supreme court holds that a violation of § 947.01(1) is not a misdemeanor crime of domestic violence. [continue reading…]
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On May 25, 2022, the court of appeals ordered publication of the following criminal law related decisions: [continue reading…]
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Sheboygan County DHHS v. A.L.A., Sr., 2022AP267, District 2, 5/18/22 (one-judge decision; ineligible for publication); case activity
The circuit court didn’t err in granting the County’s motion for summary judgment on the grounds alleged in the TPR petition because A.L.A. raised no genuine issues of material fact in response to the motion. [continue reading…]
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State v. Nhia Lee, 2019AP221-CR, petition dismissed as improvidently granted, 5/24/22; case activity (including briefs)
SCOW presumably took this case in order to address one or both of these issues: (1) whether a circuit court must appoint counsel at the county’s expense when the SPD is unable to do so within 10 days of the defendant’s initial appearance; and (2) whether Lee was denied the right to counsel, due process and a speedy trial as he sat in jail for over 100 days waiting for a lawyer. After briefing and oral argument, 5 justices voted to dismiss his petition as improvidently granted. [continue reading…]
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