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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.
- C. Unpublished Opinions
- D. Search incident to arrest
- 4. Probable cause to arrest
- e. OWI
- 35. Search & Seizure
- 46. WI Court of Appeals
August 9, 2022
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
COA affirms recommitment, finds sufficient evidence and compliance with D.J.W.
Manitowoc County v. J.M.K., 2022AP122, 7/27/22, District 2, (1-judge opinion; ineligible for publication); case activity J.M.K. is currently diagnosed with schizoaffective disorder. He has been committed several times since 2015. Right now he is doing well. He lives in a supervised apartment but holds a job, participates in community activities, and works out at the […]
Defense win! TPR reversed due to insufficient notice of grounds for termination
Brown County v. J.V., 2022AP532, 7/28/22, District 3 (1-judge opinion, ineligible for publication); case activity In a modified CHIPS dispositional order, the circuit court stated that it was suspending Jennifer’s visitation rights to her son, subject to her completing certain conditions. The court did not orally warn her that her parental rights could be terminated […]
- C. Unpublished Opinions
- E. Procedure
- 7. Prescribed notice
- 40. TPRs
- 46. WI Court of Appeals
- Important Posts
August 2, 2022
Counsel performed deficiently, failed to object to GAL’s closing argument at TPR trial
Chippewa County Dep’t of Health and Human Servs. v. J.W.., 2021AP1986, 7/19/22, District 3, (1-judge opinion, ineligible for publication); case activity “Janine” raised an insufficient evidence claim and several ineffective assistance of counsel claims in her appeal from an order terminating her parental right to her son. This post focuses on two of the IAC […]
- 1. Deficient performance
- a. Found
- 2. Prejudice
- b. Prejudice not found
- C. Unpublished Opinions
- D. Grounds, Sec. 48.415
- D. Ineffective Assistance
- 6. No parental responsibility
- 6. Particular types of evidence
- G. Opinions/experts, Ch. 907
- 8. Counsel, 6th Am.
- L. Closing arguments
- 15. Evidence
- 40. TPRs
- 41. Trial Procedures
- 46. WI Court of Appeals
July 27, 2022
Circuit court applied all “best interests” factors, TPR affirmed
State v. S.G., 2022AP585-587, 7/19/22, District 1 (1-judge opinion, ineligible for publication); case activity S.G. argued that the circuit court failed to address 2 of the 6 “best interest” factors in §48.426(3) when it terminated her parental rights to her 3 sons. According to the court of appeals, the record proves otherwise.
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