Dec 28, 20222 min read
Waiver of juvenile court jurisdiction affirmed
State v. C.W.P., 2022AP1240 & 2022AP1317, District 2, 12/14/22 (one-judge decision; ineligible for publication); case activity...
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Dec 20, 20223 min read
Defense win! Cops lacked reasonable suspicion to seize passenger in vehicle
In a 2-1 decision, Judge Donald (joined by Judge White) holds that officers do not have reasonable suspicion to seize the passenger of an...
Dec 20, 20221 min read
SCOW to address mistrials and curative instructions
Did the court of appeals apply the proper legal standard to its review of the circuit court's decision to deny Debrow's motion for a...
Dec 15, 20222 min read
SCOTUS takes up use of co-defendant's out-of-court confession against defendant
Whether admitting a codefendant’s redacted out-of-court confession that immediately inculpates a defendant based on the surrounding...
Dec 15, 20222 min read
COA says open container, odor of intoxicants, possession of weed were reasonable suspicion for OW...
State v. Nicholas A. Conger, 2022AP844, 12/14/22, District 2 (one-judge decision; ineligible for publication); case activity (including...
Dec 14, 20223 min read
Defense win! Cop's stop of Harley lacked reasonable suspicion
"Freedom for all," including the driver of the Harley in this case. In a quirky 4-3 decision, the liberal justices plus RGB hold that a...
Dec 14, 20223 min read
COA affirms 5th standard recommitment despite "sparse" record
C.L.S. sought reversal of his recommitment under §51.20(1)(a)2.e arguing that the county's evidence of dangerousness was insufficient,...
Dec 12, 20223 min read
Pretrial delay did not violate defendant's right to speedy trial
State v. Benjamin G. Churley, 2022AP189-CR, District 4, 12/8/22 (one-judge decision; ineligible for publication); case activity...
Dec 7, 20221 min read
Racial disparity in Wisconsin's juvenile justice system
Be sure to check out today's Inside Track article "We Need to Recognize the Implicit Bias in Wisconsin's Youth Justice System" by ASPD...
Dec 7, 20222 min read
Court needn't reference statute when ruling on "best interest of the child" factors
The sole issue in this TPR appeal is whether the circuit court failed to consider the "best interests" of D.H.'s daughter. D.H. noted...
Dec 5, 20223 min read
Defense win! Unanimous SCOW rejects claim that police incursion into fenced backyard was "knock a...
State v. Christopher D. Wilson, 2022 WI 77, 11/23/22, reversing an unpublished decision of the court of appeals, 2020AP1014; case...
Dec 5, 20223 min read
COA holds jury panel selected by first letter of last names was "random"
State v. C.B. & State v. N.M.M., 2022AP906 & 966, 11/29/22, District 1 (one-judge decision; ineligible for publication); case activity...
Nov 30, 20223 min read
Defense win! Subject has right to be physically present at guardianship and protective placement ...
Section 54.42(5) and 55.10(4) give a person undergoing guardianship and protective placement the "right to be present" a the final...
Nov 30, 20222 min read
SCOW: Oath or affirmation of officer on warrant is a matter of substance, not form
State v. Jeffrey L. Moeser, 2022 WI 76, 11/23/22, affirming an unpublished court of appeals decision; case activity (including briefs)...
Nov 30, 20222 min read
Prosecutor didn't vouch for recanting witnesses
State v. Cartrell Romel Kimble, 2021AP1227-CR, Distirct 1, 11/29/22 (not recommended for publication); case activity (including briefs)...
Nov 30, 20221 min read
November 2022 publication list
On November 30, 2022, the court of appeals ordered publication of a single civil case.
Nov 29, 20222 min read
COA holds no "counseling and closing" JIPS petition when juvenile is found incompetent to proceed
When a circuit court finds a juvenile not competent to proceed in a delinquency proceeding but likely to regain, may it "counsel and...
Nov 29, 20223 min read
COA affirms summary judgment finding abandonment in TPR
"Luke" and "Rebecca" had 3 children together. After their relationship ended, Rebecca struggled with addiction and was charged with a...
Nov 28, 20222 min read
Recommitment based on 3rd standard of dangerousness upheld
Winnebago County v. J.D.J., 2022AP1357-FT, 11/23/22, District 2, (1-judge opinion, ineligible for publication); case activity J.D.J. has...
Nov 28, 20222 min read
Best interests of the children supported TPR
C.L. argued that the circuit court erroneously exercised its discretion in finding that the termination her parental rights to her 3 kids...
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