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COA rejects challenges to TPR order and affirms
Waushara County DHS v. A.M.S., 2024AP730-733, District IV, 10/3/24 (one-judge decision; ineligible for publication); case activity In a dense and fact-specific opinion, COA rejects A.M.S.’s attempts to argue that she was precluded from presenting relevant evidence at her TPR trial and affirms.
- 1. Appeals
- a. Effective assistance
- B. Constitutional rights
- 2. Counsel
- 3. Continuing CHIPS
- C. Unpublished Opinions
- D. Grounds, Sec. 48.415
- 8. Discretionary decision
- 10. Evidentiary decisions
- K. Standards of Review
- 14. Ineffective assistance of counsel
- 40. TPRs
- 46. WI Court of Appeals
October 10, 2024
COA rejects pro se defendant’s new trial claims
State v. Richard A. Hoeft, 2021AP1636, 10/1/24, District 3 (one-judge appeal; ineligible for publication); case activity Hoeft, pro se, appeals a jury verdict convicting him of fraud on an innkeeper and an order denying his postconviction motion. Hoeft raises numerous claims on appeal, all of which the COA rejects as “largely undeveloped and lacking merit” […]
- B. Discovery
- B. Assertion/waiver of right
- 3. Forfeiture/waiver
- 3. Prosecutorial duties/failures
- E. Opening argument
- G. Closing argument
- 8. Counsel, 6th Am.
- 30. Pretrial proceedings
- 32. Prosecutor misconduct
October 6, 2024
Defense Wins: Involuntary medication order for incompetent criminal defendant may not be based solely on dangerousness.
State v. N.K.B., 2023AP722-CR, 10/1/24, District I (recommended for publication); petition for review granted, 2/12/25 case activity N.K.B. (referred to as Naomi) was found incompetent to proceed on her criminal charges. The circuit court authorized involuntarily administering medication to Naomi because she was dangerous. Naomi argued on appeal that the circuit court did not have authority […]
- B. Published opinions
- 2. Medication proceedings
- C. Involuntary medication
- 3. Civil Commitments
- 4. Competency of defendant
- F. Sec. 971.14 commitments
- Published 2024
- 46. WI Court of Appeals
October 4, 2024
7th Circuit rejects facial challenge to § 971.17(4)(d)
Graham L. Stowe v. Gregory Van Rybroek, No. 23-3345, 8/21/24 This habeas appeal is limited to a facial challenge to the NGI conditional release statute, Wis. Stat. § 971.17(4)(d). The Seventh Circuit rejects Stowe’s argument, concluding that he cannot show that there are no circumstances under which the law’s application would be valid.
- Conditional Release
- A. Validity
- B. Federal
- 3. Constitutionality
- 3. Civil Commitments
- 4. Procedure
- 4. Standard of review
- G. Sec. 971.17, NGI
- j. Appeals
- 22. Habeas corpus
- 39. Statutes
- Uncategorized
October 3, 2024
August and September 2024 COA Publication Orders
In August and September, COA released a number of published decisions:
September 30, 2024
Defense Win! COA reverses default judgment in TPR
State v. A.M.Y., 2024AP1162, 9/26/24, District 4 (one-judge decision, ineligible for publication); case activity A.M.Y. appealed the TPR order related to her daughter, Y.R.C.Y., arguing that the circuit court erroneously exercised its discretion by granting default judgment against her as to grounds for termination. The COA agrees, as the circuit court failed to take evidence […]
September 27, 2024
COA: Driver misinformed he would be charged with first-offense OWI did not have right to refuse breath test; Ignition Interlock statute does not violate Dormant Commerce Clause when applied to out-of-state resident.
State v. Sharpe, 2021AP1543 & 2022AP307, 9/24/24, District III (one-judge decision; ineligible for publication); case activity here and here COA determines defendant arrested for OWI did not meet burden to show that he was unable to make knowing and intelligent choice about submitting to breath test when officers misinformed him that he would be charged […]
- Refusal Hearing
- 1. Constitutional issues
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- 4. Procedure
- 9. Crimes
- 46. WI Court of Appeals
September 26, 2024
COA rejects pro se challenges to OWI first conviction
Village of Greendale v. Stacey King, 2023AP503, 9/17/24, District I (1-judge decision, ineligible for publication); case activity King appeals her OWI first judgment, arguing that the statute of limitations had expired, that the circuit court based its rulings on bias against her instead of on the relevant law, and that the field sobriety test should […]
- 1. Types of evidence
- C. Unpublished Opinions
- D. Relevance, Ch. 904
- g. Field sobriety tests
- 15. Evidence
- o. Refusal, OWI
- 46. WI Court of Appeals
- Uncategorized
September 20, 2024
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