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In which SCOW reminds us NOT to write true-crime books about our clients
OLR v. Roger G. Merry, 2022AP35-D, 4/24/24, per curiam decision of the Wisconsin Supreme Court (in its disciplinary capacity). Although the “true crime” genre remains as big as ever, SCOW reminds lawyers to exercise caution in this area when dealing with one’s own case.
April 26, 2024
In big defense win, COA holds that 46 month delay was a violation of defendant’s constitutional right to a speedy trial
State v. Luis A. Ramirez, 2022AP959-CR, 4/25/24, District IV (recommended for publication); case activity In a must-read defense win, COA holds that the State’s “cavalier disregard” for Ramirez’s speedy trial rights entitle him to dismissal of the underlying complaint.
COA holds parent failed to establish deficient performance in TPR appeal alleging IAC
Kenosha County DC&FS v. M.A.M., 2023AP1643-45, 4/24/24, District II (one-judge decision; ineligible for publication); case activity In a case demonstrating the difficult hurdles litigants must clear in order to prove deficient performance, COA affirms an underlying order terminating “Mary’s” parental rights.
- 1. Deficient performance
- 1. Appeals
- b. Not found
- C. Unpublished Opinions
- D. Ineffective Assistance
- 8. Counsel, 6th Am.
- K. Standards of Review
- 14. Ineffective assistance of counsel
- 40. TPRs
- 46. WI Court of Appeals
April 25, 2024
In published defense win, COA emphasizes plain text reading of judicial substitution statute
State v. Maria A. Larson, 2023AP1534-CRAC, 4/24/24, District II (recommended for publication); case activity Larson’s frustrated attempts to request judicial substitution are finally vindicated in this published decision emphasizing a plain text reading of the statute’s straightforward legal requirements.
- B. Published opinions
- E. Substitution
- 23. Judge
- Published 2024
- 46. WI Court of Appeals
- Uncategorized
April 24, 2024
Defense Win! Insufficient evidence of dangerousness under first or second standards of dangerousness
Marinette County v. C.R.J., 2023AP1695-FT, 4/16/24, District III (one-judge decision; ineligible for publication); case activity C.R.J. (“Caleb”) challenged his commitment on two fronts: (1) the circuit court’s failure to comply with Langlade County v. D.J.W.’s “specific factual findings” mandate and (2) the county failed to introduce sufficient evidence of dangerousness under either standard. After critiquing the circuit […]
- Defense wins!
- Defense wins!
- 1. Original commitment
- a. Harm to self
- b. Harm to others
- C. Unpublished Opinions
- f. 51.20(1)(a)2. Dangerousness
- 46. WI Court of Appeals
April 22, 2024
COA: Mother forfeited personal jurisdiction and improper substitution claims
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 […]
- A. Ch. 51, Mental health
- a. Forfeiture of issues
- C. Subject matter/personal
- C. Unpublished Opinions
- E. Substitution
- E. Procedure
- 6. Judicial substitution
- 8. Appeals
- 23. Judge
- 24. Jurisdiction, etc
- 40. TPRs
- 46. WI Court of Appeals
April 19, 2024
Fact-dependent attack on discretionary TPR order fails under extremely forgiving standard of review
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.
- 1. Appeals
- C. Unpublished Opinions
- G. Disposition, Secs. 48.426-427
- 8. Discretionary decision
- K. Standards of Review
- 40. TPRs
- 46. WI Court of Appeals
April 18, 2024
Challenges to summary judgment ruling, dispositional order fail in TPR appeal
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.
- 1. Appeals
- C. Unpublished Opinions
- C. Briefs/Appendices
- 4. Argument
- d. Undeveloped argument
- D. Waiver of issues/arguments
- E. Procedure
- G. Disposition, Secs. 48.426-427
- 10. Summary judgment
- 40. TPRs
- 46. WI Court of Appeals
- Uncategorized
April 17, 2024
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