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Defense win! Circuit courts must specify dangerousness standard for initial commitments
Milwaukee County v. A.J.G., 2021AP1338, 5/3/22, District 1, (1-judge opinion, ineligible for publication); case activity When a circuit court orders a ch. 51 recommitment, it must specify which standard of dangerousness the patient will satisfy if treatment is withdrawn. Langlade County. v. D.J.W., 2020 WI 41, ¶40, 391 Wis. 2d 231, 941 N.W.2d 277. This […]
- A. Ch. 51, Mental health
- 1. Original commitment
- a. Harm to self
- a. Forfeiture of issues
- Defense wins!
- Defense wins!
- b. Harm to others
- 3. Civil Commitments
- C. Unpublished Opinions
- f. 51.20(1)(a)2. Dangerousness
- 8. Appeals
- 46. WI Court of Appeals
May 6, 2022
“Best interests” factors support TPR of child with exceptional medical needs
State v. A.A., 2022AP311, 5/3/22. District 1 (1-judge opinion, ineligible for publication); case activity T.W. was born at 26 weeks with a host of serious medical problems. At discharge, he needed 24-hour care. T.W. couldn’t meet those needs because she had her own challenges. She pled “no contest” to continuing CHIPS during the grounds phase […]
California “wet reckless” offense counts as prior OWI in Wisconsin
State v. Evan J. Schnoll, 2021AP1119-CR, 4/28/22; District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) In 2020, Schnoll was charged with OWI 2nd. He challenged the validity of his prior OWI, which occurred in California, arguing that it could not be counted under Wisconsin law. The circuit court rejected his argument and […]
- C. Unpublished Opinions
- 3. Particular statutes
- E. Enhancers
- OWI
- 36. Sentencing
- 46. WI Court of Appeals
- Uncategorized
May 1, 2022
COA dismisses TPR appeal as moot
Manitowoc County v. K.H., 2020AP2150 and Manitowoc County v. K.R., 2021AP90-93; 4/27/22; District 2 (1-judge opinion, ineligible for publication); case activity K.R. appealed a December 2020 order instituting permanency plans for his 4 children. His mother also appealed one of the permanency plans. They claimed that they were denied their due process right to meaningful […]
April 2022 publication order
On April 28, 2022, the court of appeals ordered publication of the following criminal law related decisions:
April 28, 2022
Driver’s prior IID order hadn’t expired, so his prohibited alcohol concentration was 0.02, not 0.08
State v. Dominic A. Caldiero, 2021AP1163-CR, District 4, 4/28/22 (one-judge decision; ineligible for publication); case activity (including briefs) When he drove in 2019, Caldiero was still “subject to” a 2015 court order under § 343.301 (2013-14) restricting his operating privilege to cars with an ignition interlock device (IID) because the time period on that restriction […]
Defense win! DA’s closing argument was improper comment on defendant’s exercise of right not to testify
State v. Tomas Jaymitchell Hoyle, 2020AP1876-CR, 4/26/22, District 3 (not recommended for publication); case activity (including briefs) Hoyle chose to remain silent at his trial for child sexual assault. During closing arguments, the prosecutor repeatedly argued that the testimony from “Hannah” (the complaining witness) was “uncontroverted” and told the jury it had “heard no evidence” […]
Defense win! TPR reversed due to failure to address all “best interest” factors
State v. A.P., 2022AP95-97, 4/26/22, District 1 (1-judge opinion, ineligble for publication); case activity Seems like we went years without a defense win in a TPR appeal. Then–just like that–we get 4 citable defense wins in 9 months. See also this win, this win, and this win! At the disposition stage in A.P.’s case, the […]
- 1. Best interests of the child
- C. Unpublished Opinions
- F. Fact-finding, Sec. 48.424
- 11. Defense Wins
- 40. TPRs
- 46. WI Court of Appeals
April 26, 2022
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