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Defense Win! COA reverses Ch. 51 extension order in must-read decision on D.J.W. requirements

Waupaca County v. J.D.C., 2023AP961, 9/14/23, District IV (one-judge decision; ineligible for publication); case activity In another big defense win, COA clarifies the two requirements imposed on circuit courts by Langlade County v. D.J.W. and provides a roadmap for future challenges.

September 21, 2023

Defense Win! COA reverses 51 extension order and accompanying involuntary med order in defense-friendly decision notwithstanding subject’s threats of decapitation

Washington County H.S.D. v. Z.A.Y., 2023AP447, 9/13/23, District II (one-judge decision; ineligible for publication); case activity In a big defense win, COA reverses a commitment and accompanying medication order due to the circuit court’s failure to make specific findings.

September 20, 2023

COA affirms initial commitment order; expresses critical thoughts as to “flood” of 51 appeals and hints at a renewed willingness to find at least some appeals moot

Winnebago County v. C.H., 2023AP505, 8/30/23, District 2 (one-judge decision; ineligible for publication); case activity In this Ch. 51 appeal, COA swats aside familiar 51 arguments, expresses its frustration with a “flood” of Ch. 51 appeals and, with approving citation to a dissent from SCOW, hints that we may not have heard the last of […]

September 19, 2023

COA affirms TPR, rejects father’s “love of his children” argument

State v. R.T., 2023AP1095 & 2023AP1096, District I, 9/12/23, 1-judge decision ineligible for publication; case activity (briefs not available) R.T. (“Richard”) pled no contest to grounds but disputed whether his parental rights should be terminated at disposition. Specifically, Richard argued that “there was no support in the record for the court’s finding that it was in […]

COA holds child porn possession mandatory minimum really is mandatory

State v. John R. Brott, 2021AP2001, 8/30/23, District 2 (recommended for publication); case activity (including briefs) In 2016, the court of appeals held that a sentencing court must give effect to the mandatory minimum for possession of child pornography: a bifurcated sentence including three years of initial confinement. The statute’s language, the court said, precludes […]

September 18, 2023

COA upholds contempt finding against defense lawyer in CHIPS matter

David Patton v. Circuit Court for Kenosha County, 2023AP809-FT & 2023AP810-FT, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs) In an appeal displaying the extreme deference accorded to the circuit court’s contempt finding, COA defers to the circuit court’s decision to order a $100 contempt sanction against a lawyer in a […]

September 14, 2023

COA rejects multiple challenges to first-offense OWI and refusal convictions and affirms

City of Whitewater v. Douglas E. Kosch, 2022AP800, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs) Although Kosch throws the kitchen sink at his OWI and refusal convictions, COA methodically works through his myriad challenges on a path toward affirmance.

Defense Win! COA rejects “case manager exception” to hearsay rules and reverses recommitment

Brown County v. Z.W.L., 2022AP2201, District 3, 9/12/23 (one-judge decision; ineligible for publication); case activity (briefs not available) In yet another hearsay-based sufficiency challenge to a Chapter 51 commitment, Z.W.L. (“Zeb”) succeeds because the circuit court relied on inadmissible hearsay and no other evidence established that Zeb was dangerous. Specifically, while Zeb made admissible “party-opponent” statements […]

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