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Defense win! Subject has right to be physically present at guardianship and protective placement hearings

Racine County v. P.B., 2022AP765-FT, 11/30/22, District 2 (recommended for publication); case activity Section 54.42(5) and 55.10(4) give a person undergoing guardianship and protective placement the “right to  be present” a the final hearing. Sections 54.44(4)(a) and 55.10(2) further require the county to ensure that the person “attends” the final hearing, unless the GAL waives attendance. […]

November 30, 2022

SCOW: Oath or affirmation of officer on warrant is a matter of substance, not form

State v. Jeffrey L. Moeser, 2022 WI 76, 11/23/22, affirming an unpublished court of appeals decision; case activity (including briefs) The Fourth Amendment requires that warrants shall not be issued except upon probable cause “supported by Oath or affirmation.” The officer who applied for a warrant to draw Moeser’s blood after an OWI arrest made […]

Prosecutor didn’t vouch for recanting witnesses

State v. Cartrell Romel Kimble, 2021AP1227-CR, Distirct 1, 11/29/22 (not recommended for publication); case activity (including briefs) The prosecutor’s closing argument didn’t amount to “vouching” for the credibility of the pretrial statements of two recanting witnesses.

November 2022 publication list

On November 30, 2022, the court of appeals ordered publication of a single civil case.

COA holds no “counseling and closing” JIPS petition when juvenile is found incompetent to proceed

State v. X.B.A.-S., 2022AP944-946, 11/29/22, District 1, (1-judge opinion; ineligible for publication); case activity When a circuit court finds a juvenile not competent to proceed in a delinquency proceeding but likely to regain, may it “counsel and close” the related JIPS cases per §938.34(1)? Or must it enter dispositional orders requiring periodic reexaminations of the […]

November 29, 2022

COA affirms summary judgment finding abandonment in TPR

L.E.H. v. R.E.M., 2022AP713-715, 11/22/11, District 1; (1-judge opinion, ineligible for publication); case activity “Luke” and “Rebecca” had 3 children together. After their relationship ended, Rebecca struggled with addiction and was charged with a number of crimes. Luke married and successfully petitioned to terminate Rebecca’s parental rights.  Rebecca appealed the TPR arguing the circuit court […]

Recommitment based on 3rd standard of dangerousness upheld

Winnebago County v. J.D.J., 2022AP1357-FT, 11/23/22, District 2, (1-judge opinion, ineligible for publication); case activity J.D.J. has schizophrenia. At his recommitment hearing, Dr. Monese testified that if treatment were withdrawn, he would become a proper subject of commitment under §51.20(1)(a)2.c. J.D.J. does not believe he has a mental illness, so he would stop treatment and […]

November 28, 2022

Best interests of the children supported TPR

State v. C.L., 2022AP1580-1582, 11/22/22, District 1, (1-judge opinion, ineligible for publication); case activity C.L. argued that the circuit court erroneously exercised its discretion in finding that the termination her parental rights to her 3 kids was in their best interests under WIS. STAT. § 48.426(3). The court of appeals was not persuaded by her […]

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