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Introducing FAQ posts!

State Public Defender attorneys and practice group coordinators sometimes field recurring questions about a point of law or a problem popping up in cases around the state. So we at On Point are experimenting with FAQ posts. From time to time we will post a FAQ along with an answer. If you encounter the issue […]

March 7, 2023

FAQ: May a criminal court order involuntary medication based on a defendant’s dangerousness?

Mandatory Circuit Court Form CR-206 suggests that in a criminal case the circuit court may order involuntary medication for an incompetent defendant because he is dangerous. Is the form correct? No, under the current state of federal and Wisconsin law, a criminal court may not order the involuntary administration of antipsychotic for an incompetent defendant […]

Defense win: Nonprosecution agreement isn’t void for violating public policy

State v. Debra L. Rippentrop & Steven E. Rippentrop, 2022AP92-CR & 2022AP93-CR, District 4, 2/23/23 (recommended for publication); case activity (including briefs) 2022AP92-CR and 2022AP93-CR The nonprosecution agreement the Rippentrops made with the state doesn’t violate public policy and is therefore enforceable, and that requires the criminal charges filed against them to be dismissed with […]

March 6, 2023

Defense win! Officers’ entry onto front porch violated the 4th Amendment

USA v. Jeremy D. Banks, Appeal No. 22-1312 (7th Cir. Feb. 13, 2023). Banks, a convicted felon, posted a video on Snapchat showing himself barbequing on his front porch with a gun nearby. Officers saw the video and raced to his house without a warrant. They walked onto Banks’s porch, caught him by surprise, engaged […]

Prosecutor who claimed to be “ethically bound” to recommend probation despite “changed landscape” did not breach plea agreement

State v. Jeremy Joseph Hamilton, 2022AP1350-CR, District 2, 03/01/2023, (one-judge decision, ineligible for publication) case activity Some readers of this decision might find themselves wondering why there’s no equivalent to baseball’s “tie goes to the runner” rule in criminal appeals. Others might find themselves researching the rule of lenity. However, it turns out there is […]

March 3, 2023

Defense win! Court holding TPR hearing without lawyer or parent violated right to counsel

Kenosha County v. A.C.S., 2022AP1821-1825, 2/15/23, District 2 (one judge decision; ineligible for publication); case activity Here’s a fact pattern one hopes doesn’t come up too often. The county sought the termination of “Anna’s” parental rights to five children. It then moved for summary judgment on the grounds that she’d been convicted of a serious […]

COA affirms summary judgment order despite dispute over county’s efforts to provide services to father pursuant to CHIPS order

Portage County DH & HS v. C.S., 2022AP1090, District 4, 02/23/2023, (one-judge decision, ineligible for publication) case activity In what appears to be a first, the court of appeals addresses a grant of partial summary judgment against a parent specifically related to whether the county made a “reasonable effort” to provide services pursuant to a […]

March 1, 2023

February 2023 publication list

On February 22, 2023, the court of appeals ordered publication of the following criminal law related decision: State v. Ayodeji J. Aderemi, 2023 WI App 8 (delay in upload of information on efiling system didn’t deprive circuit court of jurisdiction in criminal case)

February 27, 2023

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