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Defense Win: In decision not recommended for publication, COA holds defendant must understand “the purpose element” of sexual contact before entering plea
State v. Goth, 2024AP519-CR, 10/10/24, District IV (not recommended for publication); case activity Goth challenges his plea to an amended charge of third-degree sexual assault. The parties agree he made a prima facie showing that the circuit court erred at the plea by failing to ascertain his awareness of “the purpose element” of sexual contact. […]
October 21, 2024
COA rejects argument that circuit court made incorrect dispositional findings and affirms
State v. C.M., 2024AP1416-1418, District I, 10/15/24 (one-judge decision; ineligible for publication); case activity The parent’s challenge to the court’s discretionary termination decision goes nowhere given the standard of review.
- 1. Appeals
- C. Unpublished Opinions
- G. Disposition, Secs. 48.426-427
- 8. Discretionary decision
- K. Standards of Review
- 40. TPRs
- 46. WI Court of Appeals
October 16, 2024
COA affirms circuit court’s refusal to instruct jury regarding “impossibility” at respondent’s trial to terminate parental rights because respondent not incarcerated when conditions of return were imposed.
Fond du Lac County Dept. of Social Services v. T.P.W., Jr., 2024AP553, 10/9/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s decision refusing to instruct jury regarding “impossibility” at T.P.W.’s trial to terminate his parental rights because he was incarcerated two months after conditions for return were ordered and his […]
- B. Constitutional rights
- C. Unpublished Opinions
- D. Grounds, Sec. 48.415
- 11. Impossible condition
- 40. TPRs
- 46. WI Court of Appeals
October 14, 2024
COA affirms circuit court’s decision to proceed under voluntary termination of parental rights statute, Wis. Stat. § 48.41
A.K.B. v. J.J.G., 2024AP1116, 10/9/24, District II (one-judge decision; ineligible for publication); case activity “Jay” appeals from orders terminating his parental rights and denying his postdisposition motion, arguing the circuit court erroneously exercised its discretion when it terminated his parental rights under the voluntary termination statute, Wis. Stat. § 48.41, rather than applying the hearing […]
- 1. Harmless error
- a. Webcam
- 1. Admission to grounds
- 1. Appeals
- 1. Right to notice/participation
- C. Unpublished Opinions
- C. Voluntary termination Sec. 48.41
- E. Procedure
- F. Fact-finding, Sec. 48.424
- G. Disposition, Secs. 48.426-427
- 8. Procedures
- I. Appeal
- L. Harmless Error
- 25. TPR
- 40. TPRs
- 46. WI Court of Appeals
COA reverses order to suppress because driver of vehicle not seized; dissent disputes reasonable person surrounded in vehicle by police would feel free to leave.
State v. Kahreem Rashah Wilkins, Sr., 2023AP1385-CR, 10/8/24, District I (not recommended for publication); case activity In a 2-1 decision, the Court of Appeals reversed the circuit court’s order granting Kahreem Wilkins’ motion to suppress evidence seized from his vehicle. The majority found that Wilkins was not seized when police approached the vehicle and saw […]
- 1. Stops, in general
- 2. Plain view
- C. Unpublished Opinions
- C. Warrant unnecessary
- 5. High crime areas
- 6. Test for seizure
- G. Reasonable suspicion
- 35. Search & Seizure
- 46. WI Court of Appeals
October 11, 2024
COA: Circuit court exercised discretion at disposition despite not explicitly considering one factor
State v. S.O., 2024AP1350, 10/8/24, District I (one-judge decision; ineligible for publication); case activity S.O. (“Sarah”) challenges the order terminating her parental rights to her son, “Daniel,” arguing that the circuit court erroneously exercised its discretion at disposition when it failed to explicitly consider Daniel’s wishes.
SCOW grants review of conviction “switcheroo”
State v. McAdory, 2023AP645-CR, petition for review of a published court of appeals decision, granted 10/7/24; affirmed 7/1/25 case activity (including briefs) In a case with potential ramifications for future OWI appeals, SCOW has opened yet another chapter in this ongoing appellate saga.
October 10, 2024
SCOW accepts review of case involving defense speedy trial win
State v. Ramirez, 2022AP959, petition for review of a published court of appeals decision, granted 10/7/24; reversed 6/27/25 case activity (including briefs) In a case involving what we labeled as a “big” defense win, SCOW accepts the State’s petition for review asking for clarification of the law pertaining to constitutional speedy trial violations.
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