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Page 1 of 917

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. D.J.W., 2020 WI 41, ¶3, 391 Wis. 2d 231, 942 N.W.2d 277, held that “going forward circuit courts in recommitment proceedings are to make specific factual findings with reference to the subdivision paragraph of Wis. Stat. § […]

August 12, 2022

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 failure to raise the issue of the circuit court’s personal jurisdiction as a defense during the TPR proceeding means the issue was waived.

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 activity (including briefs) Schwersinske concedes the lawfulness of the initial stop of the car he was driving for crossing the centerline of Highway 151. But he argues, unsuccessfully, that the officer didn’t have reasonable suspicion to extend the stop […]

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 § 48.415(intro.), termination of parental rights to children subject to the Indian Child Welfare Act (ICWA) requires, in addition to proof of one or more grounds for termination under subs. (1) to (10), proof of “active efforts,” as […]

August 9, 2022

Police had probable cause to arrest for OWI

State v. Andrew Austin Keenan-Becht, 2022AP73-CR, District 2, 8/3/22 (one-judge decision; ineligible for publication); case activity (including briefs) Under the long-standing test for probable cause, Keenan-Becht’s arrest was lawful.

Defendant’s rights to discovery, confrontation not violated

State v. Kevin Lee Wilke, 2020AP1068-CR, District 3, 8/2/22 (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals rejects Wilke’s arguments for a new trial and his challenge to the sufficiency of the evidence.

July 2022 publication list

On July 27, 2022, the court of appeals ordered the publication of the following criminal law related decisions:

August 8, 2022

Reversal rates for court of appeals judges

SCOWstats just reviewed 70 Wisconsin Supreme Court decisions over the past 2 years to determine which court of appeals judge was reversed most often and least often.  And the winners are . . . SCOW reversed Judges Dugan, Donald and Kessler (and District 1 in general) most often.  It reversed Judge Davis least often.

August 3, 2022

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