by admin
on November 8, 2021
Juneau County DHS v. B.J., 2021AP1359, 2021AP1360, 2021AP1361, District 4, 11/4/21 (one-judge decision; ineligible for publication); case activity
The circuit court properly granted summary judgment on the TPR petitions against B.J., based on: B.J.’s was conviction for sexually assaulting one of the children, among other crimes, for which he was sentenced to 50 years of confinement; evidence B.J. engaged or had others engage is sexually improper behavior with the children; and evidence about the living conditions of the children. B.J.’s complaint that the circuit court should’ve considered his affidavit in opposition to summary judgment is rejected because the affidavit was untimely, and the circuit court properly exercised its discretion in declining to consider the late filing.
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by admin
on November 8, 2021
State v. P.G., 2021AP1231, 2021AP1232, & 2021AP1233, District 1, 11/2/21 (one-judge decision; ineligible for publication); case activity
P.G.’s challenges the sufficiency of the TPR petitions against him and claims the COVID epidemic affected his ability to meet the conditions of return. His arguments are in vain. [continue reading…]
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by admin
on November 8, 2021
State v. Thomas Louis Giegler, 2021AP952-CR, 11/2/21, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)
Unbelievable. A jury convicted Geigler of knowing violation of a TRO. The court of appeals now reverses the conviction because the State’s evidence was insufficient to prove guilt beyond a reasonable doubt. It remands the case with instructions for the circuit court to enter a judgment of acquittal on that charge. [continue reading…]
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by admin
on November 1, 2021
Town of Brookfield v. Martin M. Gonzalez, 2021AP218, District 2, 10/27/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Gonzalez posted some photos on Instagram as a “story,” a series of shorter, more casual, less permanent images or posts than standard posts on a user’s Instagram feed (so we’re told). The first photo showed a ticket to an upcoming movie at a Brookfield cinema. The second showed loose bullets and a hand holding a loaded magazine. The third showed the inside of a darkened movie theater. (¶3). This “story” led to Gonzalez being convicted for violating the municipality’s disorderly conduct ordinance, a conviction the court of appeals now vacates. [continue reading…]
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by admin
on November 1, 2021
State v. Randy L. Bolstad, 2021 WI App 81; case activity (including briefs)
Long, long ago, in a galaxy far away, SCOW held that when circuit courts sentence a defendant, they must demonstrate their exercise of discretion on the record. State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197. Circuit courts often ignored this mandate, so appellate courts conjured sentencing rationales for them and affirmed. Click here and here. Now, our very own court of appeals has reversed a sentence for a Gallion violation and recommended the decision for publication! [continue reading…]
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by admin
on November 1, 2021
Danny Wilber v. Randall Hepp, 7th Cir. Nos. 20-2614 & 20-2703, decided 10/29/21
Danny Wilber was granted a writ of habeas corpus by a federal district judge due to the Wisconsin circuit court’s use of visible restraints during Wilber’s trial in violation of Deck v. Missouri, 544 U.S. 622 (2005). We wrote about that decision here. In a long, thorough opinion, the Seventh Circuit affirms the district court. [continue reading…]
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by admin
on October 28, 2021
Involuntary medication litigation and Covid-19 litigation were bound to cross paths, especially with all the vaccine mandates. But who could have foretold the twist presented by SCOW’s decision on Monday in Gahl v. Aurora Health Care, Inc., 2021AP1787-FT? Allen Gahl, attorney in fact for John Zingsheim, who is on a ventilator, sought a court order forcing Aurora to administer Ivermectin (de-worming medication) to him. [continue reading…]
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by admin
on October 27, 2021
The court of appeals has ordered publication of the following criminal law related decision:
State v. Nicholas Reed Adell, 2021 WI App 72 (circumstances justified extension of traffic stop to determine whether driver had prohibited alcohol content)
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