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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.
- Defense wins!
- A. Ch. 51, Mental health
- 2. Recommitment
- 3. Civil Commitments
- C. Unpublished Opinions
- 6. Procedures/hearings/evidence
- 46. WI Court of Appeals
- Uncategorized
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.
- Defense wins!
- A. Ch. 51, Mental health
- 2. Recommitment
- C. Unpublished Opinions
- 3. Civil Commitments
- e. Dangerousness
- 46. WI Court of Appeals
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 […]
- 1. Original commitment
- 1. Appeals
- a. Harm to self
- A. Ch. 51, Mental health
- A. Right to appeal
- b. Harm to others
- 3. Civil Commitments
- c. Pattern of acts
- 3. Prisoner commitments
- C. Unpublished Opinions
- 4. Mootness
- d. Can't meet needs
- f. 51.20(1)(a)2. Dangerousness
- K. Standards of Review
- 12. Implicit findings
- 26. Sufficiency of evidence
- 46. WI Court of Appeals
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 […]
- 1. Appeals
- C. Unpublished Opinions
- 8. Discretionary decision
- K. Standards of Review
- 46. WI Court of Appeals
- Uncategorized
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.
- 1. Constitutional issues
- 1. Stops, in general
- a. Informant
- a. Field Sobriety Testing
- 1. Curative Instruction
- Refusal Hearing
- 1. Appeals
- a. Binding authority
- B. Chs. 343-346: Traffic offense
- 2. Traffic stops
- FSTs
- 3. Evidence
- C. Unpublished Opinions
- 4. Procedure
- F. Instructions
- G. Closing argument
- G. Reasonable suspicion
- G. Closing argument
- 9. Crimes
- K. Standards of Review
- L. Harmless Error
- 25. Jury
- 23. Search & seizure
- 28. Weight of authority
- 32. Prosecutor misconduct
- 35. Search & Seizure
- 46. WI Court of Appeals
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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