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In HUGE defense win, COA emphasizes that obtaining an involuntary med order is no walk in the park for the State
State v. J.D.B., 2023AP715-CR, 9/10/24, District I (recommended for publication); petition for review granted, 2/12/25 case activity In a recommended-for-publication decision, COA wholly endorses all of J.D.B.’s arguments requiring a high burden of proof when the State seeks an involuntary medication order in order to render a defendant competent to stand trial. Along the way, COA […]
- 1. Appeals
- A. Ch. 51, Mental health
- B. Published opinions
- 2. Medication proceedings
- 3. Civil Commitments
- 4. Involuntary meds
- F. Sec. 971.14 commitments
- K. Standards of Review
- Published 2024
- 46. WI Court of Appeals
- Important Posts
- Uncategorized
September 11, 2024
COA: TPR defendant not misled regarding burden of proof at disposition hearing during plea colloquy
State v. N.H., 2024AP597, District I, 9/4/24 (one-judge decision; ineligible for publication); case activity B.W. forecloses N.H’s TPR appeal that his plea was involuntary because the circuit court misled him regarding the burden of proof at the dispositional phase.
September 5, 2024
COA rejects constitutional challenge to TPR dispositional statute; holds that parent is not entitled to new dispositional hearing applying preponderance of the evidence burden
E.S. v. K.R.K., 2024AP1174, District II, 8/28/24 (one-judge decision; ineligible for publication); case activity In yet another chapter in the ongoing “burden of proof” saga in TPR world, COA swats away K.R.K.’s constitutional challenge while also holding that she is not entitled to a new dispositional hearing at which time an explicit burden of proof […]
- 1. Appeals
- B. Constitutional rights
- C. Unpublished Opinions
- 5. Constitutionality of statute
- G. Disposition, Secs. 48.426-427
- K. Standards of Review
- 40. TPRs
- 46. WI Court of Appeals
August 29, 2024
Seventh Circuit Cases for July
July brought another bevy of interesting cases. As usual, we’ve tried to select those most relevant to our audience:
August 23, 2024
COA rejects challenges to 51 commitment, involuntary medication orders
Brown County v. L.M.R., 2023AP2314, District III, 8/6/24 (one-judge decision; ineligible for publication); case activity COA rejects all of L.M.R.’s challenges raising commonly-litigated appellate issues and affirms in this Chapter 51 case given some less-than favorable facts.
- 1. Appeals
- A. Ch. 51, Mental health
- 1. Original commitment
- 3. Civil Commitments
- C. Unpublished Opinions
- 4. Involuntary meds
- f. 51.20(1)(a)2. Dangerousness
- K. Standards of Review
- 26. Sufficiency of evidence
- 46. WI Court of Appeals
August 20, 2024
COA agrees with circuit court that while attorney may have made improper promises, defendant’s “unclean hands” prohibit plea withdrawal
State v. Terron Anthony Clayborn, 2023AP283-CR, 8/20/24, District I (not recommended for publication); case activity In a case presenting a common postconviction fact pattern alleging an improper promise by counsel, COA affirms despite postconviction testimony largely corroborating the defendant’s account.
- B. Procedure and colloquy
- C. Unpublished Opinions
- 4. After sentencing
- D. Plea withdrawal
- 21. Guilty pleas
- 46. WI Court of Appeals
- Uncategorized
August 19, 2024
COA affirms circuit court’s decision to exclude evidence at refusal hearing; although officer’s statements to defendant during traffic stop were relevant, they were inadmissible when offered through another officer without personal knowledge of statements.
State v. Rodriguez, 2024AP481, 8/14/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s decision to exclude relevant, but inadmissible, evidence at refusal hearing because witness lacked personal knowledge.
- 1. Personal knowledge
- Refusal Hearing
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- 4. Procedure
- F. Witnesses, Ch. 906
- 9. Crimes
- 15. Evidence
- 46. WI Court of Appeals
August 16, 2024
COA: Evidence of operating a motor vehicle while under the influence of controlled substances sufficient due to reasonable inference
State v. Joseph B. Venable, 2023AP1367, 8/15/24, District IV (1-judge decision, ineligible for publication); case activity COA affirms circuit court judgment convicting Venable of first offense operating a motor vehicle while under the influence of controlled substances under Wis. Stat. § 346.63(1)(a), due to his use of prescription medications.
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- 3. Evidence
- 9. Crimes
- 46. WI Court of Appeals
August 15, 2024
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