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COA affirms third standard (2.c.) ch. 51 appeal due to abnormal neck movements and previous food restriction
Winnebago County v. J.D.M., 2024AP1601, 4/16/25, District II (1-judge decision, ineligible for publication); case activity COA affirms the circuit court’s orders recommitting J.D.M. (referred to as “Josh”) for twelve months and authorizing involuntarily administering medication. A jury found Josh mentally ill, a proper subject for treatment, and dangerous to himself or others. Josh argues on […]
- 1. Original commitment
- A. Ch. 51, Mental health
- 2. Recommitment
- C. Unpublished Opinions
- c. Pattern of acts
- 3. Civil Commitments
- 4. Involuntary meds
- e. Dangerousness
- f. 51.20(1)(a)2. Dangerousness
- 46. WI Court of Appeals
April 17, 2025
SCOW clarifies that law protecting employees from discrimination based on arrest records applies to non-criminal offenses
Oconomowoc School District v. Cota., 2025 WI 11, 4/10/25 In a case tangentially related to defense practice, SCOW clarifies that a Wisconsin statute prohibiting employment discrimination based on arrest records applies to non-criminal offenses, such as an allegation of theft prosecuted in municipal court.
March Publication Order
As usual, we bring you coverage of COA’s orders regarding publication.
April 16, 2025
SCOTUS grants cert to determine scope of defendant’s right to discuss matters with counsel during recess in trial testimony.
David Asa Villarreal v. Texas, USSC No. 24-557, certiorari granted 4/7/25 SCOTUS added to its 2025-26 docket this week when it granted the petitioner’s cert. petition to address the following: Question presented: Whether a trial court abridges the defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s […]
April 10, 2025
COA affirms suppression ruling based on illegible license plate
State v. Natalie S. Lozano, 2024AP1540-CR & 2024AP1541-CR, 4/9/25, District II (1-judge decision, ineligible for publication); case activity In yet another appeal hinging on the requirement that a license plate be “legible,” COA affirms based on its deference to the circuit court’s factual findings.
COA affirms OWI 2nd conviction, holding police had reasonable suspicion to extend traffic stop
State v. Danny Thomas McClain, Jr., 2024AP8, 4/8/25 District I (one-judge decision; ineligible for publication); case activity (including briefs) COA affirms the circuit court’s order denying suppression of the evidence (field sobriety tests and preliminary breathalyzer tests), finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for additional criminal […]
- 1. Generally
- a. Field Sobriety Testing
- 2. Traffic stops
- 3. Frisks
- 6. Test for seizure
- G. Reasonable suspicion
- H. Exclusionary rule
- I. Suppression hearings
- 35. Search & Seizure
April 9, 2025
COA affirms CHIPS dispositional orders finding that circuit court exercised proper discretion in denying respondents’ petition to transfer jurisdiction to tribal court, authorizing County to exercise medical decision making, and admitting evidence of father’s risk assessment
Monroe County v. G.L.B., 2024AP1596, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity Monroe County v. T.B., 2024AP1845, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity The COA issued two decisions affirming the circuit court’s dispositional orders finding that T.B.’s (the mother) and G.L.B.’s (the father) son was in need of protection […]
April 8, 2025
COA affirms challenge to TPR disposition under erroneous exercise of discretion standard
Waukesha County v. A.T., 2025AP167, 4/2/25, District II (1-judge decision, ineligible for publication); case activity “Amber” appeals from an order terminating her parental rights to her 6-year-old daughter, “Holly.” She argues the circuit court erroneously exercised its discretion at disposition. COA affirms under the deferential, erroneous exercise of discretion standard.
April 5, 2025
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