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COA fails to tackle open Confrontation questions
State v. Antonio G. Ramirez, Jr., 2021AP1590, 11/15/23, District 2 (recommended for publication); case activity (including briefs) There are some serious unresolved confrontation questions around statements alleged victims make in settings involving both medical treatment and criminal investigation: often, during a police-instigated physical examination after an alleged physical or sexual assault. Here, despite turning out […]
- 1. Appeals
- D. Hearsay
- 6. Confrontation, 6th Am.
- j. "Testimonial" Evidence
- L. Harmless Error
- Uncategorized
December 2, 2023
Notable Cases from the Seventh Circuit for November
This month features some interesting Fourth Amendment cases, a few decisions on guns, as well as a successful challenge to a Wisconsin statute which prohibits the “harassment” of hunters.
December 1, 2023
COA upholds circuit court’s decision to exclude defendant’s proffered evidence regarding field sobriety tests at PAC trial
State v. Batterman, 2022AP181, 11/28/23, District III (ineligible for publication); case activity Given the discretionary standard of review used to assess a circuit court’s evidentiary rulings, COA wastes no time in upholding the court’s order excluding evidence the defendant did well on some field sobriety tests at a second offense PAC trial.
- 1. Appeals
- 1. Types of evidence
- FSTs
- B. Chs. 343-346: Traffic offense
- 3. Evidence
- C. Unpublished Opinions
- D. Waiver of issues/arguments
- D. Relevance, Ch. 904
- g. Field sobriety tests
- 8. Discretionary decision
- 9. Crimes
- I. Complete defense
- K. Standards of Review
- 13. Due Process
- 15. Evidence
- 46. WI Court of Appeals
November 30, 2023
COA rejects loss of competency claim in protective placement appeal
Racine County v. B.L.M., 2023AP757, 11/22/23, District II (ineligible for publication); case activity Despite a creative challenge to a continued protective placement order, COA rejects any argument that the circuit court lost competency by failing to timely reappoint a GAL in this protective placement appeal.
COA applies and rejects Jodie W. based challenge to “continuning denial” based TPR order
Jackson County DHS v. R.H.H., 2023AP1229-1232, 11/16/23, District IV (one-judge decision, ineligible for publication); case activity In Kenosha Cnty. DHHS v. Jodie W., 2006 WI 93, ¶56, 293 Wis. 2d 530, 716 N.W.2d 845, the court overturned a TPR order premised on a parent’s failure to meet “an impossible condition of return, without consideration of […]
- 3. Expert testimony
- C. Unpublished Opinions
- D. Grounds, Sec. 48.415
- E. Procedure
- F. Fact-finding, Sec. 48.424
- 7. Pending criminal appeal
- 10. Summary judgment
- 11. Impossible condition
- 40. TPRs
- 46. WI Court of Appeals
November 21, 2023
Federal court denies habeas relief for “sane but dangerous” NGI-acquittee; offers novel interpretation of Randall I
Graham L. Stowe v. Gregory Van Rybroek, 18-CV-400-wmc (W.D. Wis. 11/6/23). Having recently prevailed on a judicial bias claim in state court, Stowe makes a return appearance to the blog on his 2018 federal habeas petition. Unfortunately, the Western District of Wisconsin denied the petition, which had been pending for close 5 years. The petition […]
- 1. Certificate of appeal
- Conditional Release
- 1. Petition for writ
- B. Federal
- c. Default/waiver
- 3. Civil Commitments
- 4. Standard of review
- 4. Procedure
- G. Sec. 971.17, NGI
- j. Appeals
- 22. Habeas corpus
November 20, 2023
Notable Decisions from the Seventh Circuit from the Month of October
Although we know that this blog is “wisconsinappeals.net” we also acknowledge that many of our readers might also practice in Wisconsin’s federal courts, or have a general interest in developments from the Seventh Circuit. To that end, the blog is trying out a new feature, one in which we use our editorial special sauce to […]
November 17, 2023
COA holds there’s nothing wrong with sending kids to a juvenile prison that, legally speaking, shouldn’t exist
State v. J.A.J., 2022AP2066, 11/14/23, District I (ineligible for publication); case activity In a noteworthy juvenile appeal, COA rejects a novel argument highlighting the dysfunctional nature of our juvenile justice system as caused by the “closure” of Lincoln Hills.
- a. Dispositional options
- 1. Appeals
- B. Delinquency proceedings
- b. Damages
- C. Unpublished Opinions
- D. Type of punishment
- 6. Restitution
- 7. Disposition
- K. Standards of Review
- 22. Restitution decision
- 26. Juvenile proceedings
- 36. Sentencing
- 46. WI Court of Appeals
- Uncategorized
November 16, 2023
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