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La Crosse County DHS v. B.B. and E.B., 2020AP2030 & 2020AP2031, District 4, 9/30/21 (one-judge decision; ineligible for publication); case activity

B.B. and E.B. challenge the order terminating their parental rights, arguing that the guardian ad litem improperly invoked the children’s best interest standard during the grounds trial and that conducting the dispositional hearing via Zoom violated their due process rights. The court of appeals rejects both arguments. [continue reading…]

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State v. Edward R. Gasse, 2021AP484, 9/29/2021, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Gasse arrived at the police station shortly after midnight; officers had observed him about 80 minutes prior at his residence and believed him to be drunk. He initially said he’d driven there but later changed his story; video surveillance revealed that he had, in fact, driven. After some limited field sobriety testing, the officer at the station arrested him and he refused to consent to chemical testing. He appeals the circuit court’s determination that there was probable cause for the arrest and thus that the refusal citation was lawful. [continue reading…]

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COA upholds probable cause finding to request PBT

State v. Michael T. Paczkowski, 2021AP340, 9/29/21, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Paczkowski crashed his motorcycle, and responding deputies requested that he take a preliminary breath test. He agreed and blew a .149. The circuit court held that he deputies lacked the requisite probable cause to ask for the test, but the court of appeals disagrees and reverses. [continue reading…]

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September 2021 publication list

On September 29, 2021, the court of appeals ordered the publication of the following criminal-law related decision:

State v. Joel R. Davis, 2021 WI App 65 (police unlawfully prolonged traffic stop to research motorist’s bond conditions).

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Not egregious….yet

State v. Santiago B. Rios, 2020AP2132-CR, was slated to be decided today, but it wasn’t. Instead, the court of appeals issued an order directing the state (represented here by the district attorney’s office) to file a respondent’s brief. [continue reading…]

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State v. D.W., 2021AP1290, District 1, 9/28/21 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in terminating D.W.’s parental rights because the court considered all the relevant factors under § 48.426(3) in reaching its decision. [continue reading…]

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Various challenges to OWI conviction rejected

State v. Kody R. Kohn, 2020AP2147-CR, District 2, 9/22/21 (one-judge decision; ineligible for publication); case activity (including briefs)

Kohn argues the circuit court erred in: 1) denying his motion to suppress evidence obtained from the blood drawn from him after his arrest; 2) excluding exhibits he wanted to use to cross examine the state’s blood analyst; and 3) rejecting his motion to dismiss a bail jumping charge. The court of appeals affirms all the circuit court’s decisions. [continue reading…]

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Outagamie County v. D.G.M., 2020AP967, District 3, 9/21/21 (one-judge decision; ineligible for publication); case activity

The evidence at the final hearing on the petition to commit D.G.M. under ch. 51 was sufficient to establish all the statutory elements and D.G.M.’s incompetence to refuse medication. [continue reading…]

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