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State v. J.S.,, 2024AP180 & 2024AP181, 4/16/24, District I (one-judge decision; ineligible for publication); case activity

On appeal from TPR orders related to her two children, J.S. (“Julia”) raised two issues: whether the circuit court had personal jurisdiction over her and whether the circuit court erred by granting the GAL’s substitution request. The court of appeals makes short work of each argument because Julia forfeited the claims by not first raising either issue in the circuit court. [continue reading…]

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Winnebago County Department of Human Services v. C.R.Q., II,, 2024AP81, 4/17/24, District II (one-judge decision; ineligible for publication); case activity

In a fact-dependent TPR appeal, “Craig” attacks the circuit court’s discretionary ruling on multiple fronts but fails due to the imposing standard of review.
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Brown County Health and Human Services v. R.U., 2024AP45-6 4/16/24, District IV (one-judge decision; ineligible for publication); case activity

In yet another fact-dependent TPR appeal, COA affirms given well-settled (and difficult to overcome) legal standards.
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Jackson County Department of Human Services v. I.J.R.,, 2023AP1495-6 4/11/24, District IV (one-judge decision; ineligible for publication); case activity

In yet another beefy TPR appeal presenting multiple issues, COA rejects all of I.J.R.’s arguments and affirms.
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State v. Carl Lee McAdory, 2023AP645-CR, 4/12/24, District IV (recommended for publication); case activity

After McAdory persuaded the court of appeals to reverse his OWI conviction and grant him a new trial, the state pulled the “old switcheroo” on McAdory by getting the circuit court to swap his previously dismissed restricted controlled substance conviction with the OWI conviction overturned by the court of appeals. Instead of a new OWI trial, McAdory was stuck with a new sentence on his previously dismissed RCS conviction. After rejecting McAdory’s challenges to the circuit court’s post-remittitur actions and his double jeopardy claims, the court of appeals affirms. [continue reading…]

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Tony P. Rogers v. Jason Wells, Warden, No. 17-2903, 3/22/24

Although Rogers claims that his trial counsel was ineffective for not seeking records to impeach the credibility of his accuser in this sexual assault case, the Seventh Circuit court is unpersuaded that the high bar for habeas relief has been met and affirms the district court’s denial of the petition.
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Seventh Circuit cases for March

March was a relatively quiet month and brought only a few cases with some relevance to our practice:
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State ex rel. Antonio S. Davis v. Circuit Court for Dane County, the Honorable Ellen K. Berz and State of Wisconsin, 2024 WI 14, 3/26/24; case activity

A majority of the Wisconsin Supreme Court affirms the court of appeals’ denial of Davis’ petition for a supervisory writ after concluding the the circuit court had no “plain duty” to treat Davis’ request for substitution as timely under Wis. Stat. § 971.20(4). The court also uses the decision to clarify that a petition for a supervisory writ is not the preferred vehicle to seek appellate review of a circuit court’s denial of a request for substitution that was filed after arraignment. Op, ¶11. [continue reading…]

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