Sep 21, 20222 min read
SCOW takes up ch. 51 adjournments and circuit court competency (again)
1. Does the Wisconsin Supreme Court’s decision in Waukesha County v. E.J.W., 2021 WI 85, ¶38, 399 Wis. 2d 471, 966 N.W.2d 590,...
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Sep 21, 20223 min read
COA affirms recommitment despite county's failure to specify standard of dangerousness
Langlade County v. D.J.W. requires a circuit to make specific factual findings with reference to the dangerousness standard that its...
Sep 21, 20222 min read
COA upholds extension of traffic stop based on half the totality of the circumstances
City of West Bend v. Peter F. Parsons, 2022AP98, 8/17/22, District 2 (one-judge decision; ineligible for publication); case activity...
Sep 20, 20222 min read
SCOW will address evidence required for involuntary med orders under Sell and 971.14
State v. Wilson P. Anderson, 2020AP819-CR, petition for review of an unpublished court of appeals opinion granted 9/14/22; case activity...
Sep 20, 20223 min read
Trial counsel held ineffective for failing to elicit evidence in TPR case
Here is a result we don't often see: a successful ineffective assistance of counsel claim in a TPR case. A jury found grounds to...
Sep 20, 20222 min read
COA rejects challenges to admission of psychological report and IAC claim; affirms TPR
"Taylor" presented three challenges to the termination of her parental rights to her son: (1) erroneous admission of a psychological...
Sep 20, 20221 min read
COA denies writ of coram nobis seeking to vacate OWI based on Forrett
Singh challenges his 2005 conviction for OWI, first offense. He first asks for a writ of coram nobis vacating the conviction....
Sep 20, 20221 min read
COA deems corp counsel to have confessed error in ch. 51 appeal
The circuit court entered orders for initial commitment order and involuntary medication order. Later (not sure how much later), the...
Sep 18, 20221 min read
August 2022 publication list
On August 31, 2022, the court of appeals ordered publication of the following criminal law related decisions: State v. Killian, 2022 WI...
Sep 18, 20229 min read
Defense win: Successive prosecution of crimes after mistrial violated double jeopardy
The state provoked a mistrial in a case charging Killian with child sexual assault offenses against two complainants. The circuit court...
Sep 18, 20226 min read
Defense win: State's request for 25-year sentence breached agreement to ask for 20 years
State v. Jamie Lee Weigel, 2022 WI App 48; case activity (including briefs) In Wisconsin criminal law, the word "sentence" is sometimes...
Sep 18, 20224 min read
Defense win: Witness's reference to defendant's prior conviction for similar crime requires new t...
State v. Eric J. Debrow, 2021AP1732, 7/21/22, District 4 (not recommended for publication); petition for review granted, 12/15/22,...
Sep 18, 20223 min read
COA affirms trial court's refusal to permit testimony that OWI arrestee asked for breath test
State v. Travis D. Huss, 2021AP1858, 7/20/22, District 2 (one-judge decision; ineligible for publication); case activity (including...
Aug 14, 20224 min read
Warrantless arrest on porch unlawful, but probable cause to arrest means no suppression
State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs) Police...
Aug 14, 20223 min read
Defense win: Odor of marijuana didn't provide probable cause to arrest
State v. Quaheem O. Moore, 2021AP938-CR, District 4, 7/28/22 (not recommended for publication), state's petition for review granted...
Aug 14, 20222 min read
Challenge to telephonic search warrant procedure fails
State v. Donald A. Whitaker, 2022AP204-CR, District 2, 7/27/22 (one-judge decision; ineligible for publication); case activity (including...
Aug 12, 20225 min read
Circuit court's failure to specify ch. 51 dangerousness standard was harmless error
Barron County v. K.L., 2021AP133, District 3, 8/9/22 (one-judge decision; ineligible for publication); case activity Langlade County v....
Aug 12, 20222 min read
Failure to raise defense of lack of personal jurisdiction in TPR case waived the issue
Portage County DHHS v. A.K., 2022AP30, District 4, 8/11/22 (one-judge decision; ineligible for publication); case activity A parent's...
Aug 12, 20222 min read
Officer had reasonable suspicion to extend traffic stop
State v. Michael Justin Schwersinske, Jr., 2022AP162-CR, District 2, 8/10/22 (one-judge decision; ineligible for publication); case...
Aug 9, 20224 min read
Court of Appeals rejects equal protection challenge to burden of proving TPR petition
State v. S.S.M., 2022AP524 & 2022AP525, District 1, 8/2/22 (one-judge decision; ineligible for publication); case activity Under §...
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