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COA reverses suppression in state’s appeal, holds no reasonable expectation of privacy in video uploaded to Snapchat
State v. Michael Joseph Gasper, 2023AP2319, 10/30/24, District 2 (recommended for publication); case activity (including briefs) The circuit court held that an officer’s warrantless inspection of a cyber tip digital video file provided to the officer and identified as child pornography by a private internet service provider constituted an unreasonable search in violation of the […]
- A. Expectation of privacy
- B. Published opinions
- 4. Cell phones
- E. Specific motions/hearings
- 6. Suppression
- I. Suppression hearings
- K. Electronic surveillance
- 19. Email/network
- 30. Pretrial proceedings
- Published 2024
- 35. Search & Seizure
- 46. WI Court of Appeals
November 7, 2024
Seventh Circuit Update
The Seventh Circuit has been quiet as of late; accordingly, we tried to consolidate the recap for our readers here:
November 6, 2024
COA affirms competency ruling but reverses involuntary medication order
State v. M.M.K., 2024AP591-CR, 2024AP592-CR, 2024AP593-CR, 2024AP594-CR, 10/31/24, District IV(1-judge decision, ineligible for publication); case activity In a case which continues a new trend in appeals of involuntary medication appeals, COA holds that while the circuit court correctly found M.M.K. incompetent, it failed to correctly apply Sell in ordering involuntary medication.
TPR verdict and dispositional order affirmed
State v. T.H.-M., 2024AP1271-1273, District I, 10/29/24 (one-judge decision; ineligible for publication); case activity In another dense and fact-specific opinion, COA holds that the evidence was sufficient to support a finding that the parent was unfit and rejects T.H.-M.’s argument that the circuit court improperly weighed the evidence at disposition.
- 1. Appeals
- 3. Continuing CHIPS
- D. Grounds, Sec. 48.415
- F. Fact-finding, Sec. 48.424
- 6. No parental responsibility
- G. Disposition, Secs. 48.426-427
- 8. Discretionary decision
- 10. Sufficiency of
- 11. Termination of rights
- K. Standards of Review
- 12. Unfitness finding
- 40. TPRs
November 4, 2024
COA: Evidence sufficient to affirm verdict finding grounds to terminate parental rights; cir. ct. did not erroneously exercise discretion in terminating rights.
Waukesha County Dept. of Health & Human Services v. M.M.M., 2024AP1622, 10/30/24, District II (one-judge decision; ineligible for publication); case activity In a straightforward case addressing sufficiency of the evidence, the COA affirmed the circuit court’s order to terminate M.M.M’s (referred to as Mary) parental rights. The Court found that the evidence was sufficient to […]
- 3. Continuing CHIPS
- C. Unpublished Opinions
- D. Grounds, Sec. 48.415
- F. Fact-finding, Sec. 48.424
- 6. No parental responsibility
- G. Disposition, Secs. 48.426-427
- 10. Sufficiency of
- 12. Unfitness finding
- 40. TPRs
- 46. WI Court of Appeals
November 1, 2024
COA holds that juvenile interrogated in “closet size” room by SRO was not in custody; finds evidentiary error harmless, and affirms
State v. K.R.C., 2023AP2102, 10/30/24, District II (1-judge decision, ineligible for publication); case activity In a “close” suppression appeal, COA confronts a fact pattern arising from the intersection between policing and school discipline, finds that a reasonable 12-year old would have felt free to walk away from interviews with law enforcement and school authorities on […]
COA reverses order dismissing charge for failing to register as sex offender; defendant required to register when cir. ct. ordered registration at sentencing after revocation of probation, even though registration not required when defendant placed on probation.
State v. Kayden Young, 2021AP1596-CR, 10/29/24, District III (recommended for publication); case activity In a case recommended for publication, the Court of Appeals reversed the circuit court’s order dismissing the charge against Kayden Young for failing to comply with the sex offender registration requirements. Where the circuit court did not require Young to register as […]
- 1. Appeals
- A. Ch. 301: Corrections
- 1. 301.45, sex off. registration
- 1. Objection requirement
- 2. Motion to dismiss
- B. Published opinions
- D. Waiver of issues/arguments
- e. Failure to highlight issue
- 6. Court may ignore waiver
- 9. Crimes
- 12. State's waiver
- Published 2024
- 46. WI Court of Appeals
October 30, 2024
Default judgment for failing to appear at TPR hearings affirmed.
Dane County v. L.D.D., 2024AP1267, District IV, 10/24/24 (one-judge decision; ineligible for publication); case activity The Court of Appeals affirmed the circuit court’s order terminating L.D.D.’s parental rights after it entered default judgment when she did not appear at the hearing on grounds to terminate or the disposition hearing. The Court also affirmed the circuit […]
- C. Unpublished Opinions
- 4. Default judgment
- E. Procedure
- 8. Rehearing
- 40. TPRs
- 46. WI Court of Appeals
October 28, 2024
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