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Excessive water intake sufficient to find person “dangerous” under Chapter 51.
Winnebago County v. J.M., 2024AP1554, 4/2/25, District II (1-judge decision, ineligible for publication); case activity COA affirmed the circuit court’s order recommitting J.M. (referred to as “James Moore”) for twelve months and authorizing involuntarily administering medication. The Court found that Moore suffers from schizoaffective disorder, which caused him to drink an excessive amount of water […]
- A. Ch. 51, Mental health
- 2. Recommitment
- 3. Civil Commitments
- C. Unpublished Opinions
- c. Mentally ill/drug dependent
- d. Proper subject of treatment
- 4. Involuntary meds
- e. Dangerousness
- 46. WI Court of Appeals
April 4, 2025
COA reverses grant of summary judgment in TPR, holds that issues of material fact exist as to abandonment and failure to assume
J.H. v. J.L.B., 2025AP85, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity COA reviews the grant of summary judgment on abandonment and failure to assume parental rights de novo and concludes that there are issues of material fact as to each ground. The court therefore reverses and remands for a fact-finding hearing.
In published decision, COA holds that corporation counsel is not a party under 48.13 when they are not a petitioner
S.G. v. Wisconsin DCF, 2024AP472, 4/3/25, District IV (recommended for publication); case activity In a unique CHIPS appeal, COA clarifies the proper role of corporation counsel when another party files a CHIPS petition.
COA holds that while service was defective in TPR, court’s factual findings merit affirmance
Brown County v. N.H., 2024AP1991-1993, 4/2/25, District III (1-judge decision, ineligible for publication); case activity Although the County erred by listing the wrong date in a published notice, COA affirms given the court’s factual findings that the respondent was served by mail.
- A. Competency of court
- C. Unpublished Opinions
- E. Procedure
- 7. Prescribed notice
- 40. TPRs
- 46. WI Court of Appeals
April 3, 2025
Seventh Circuit retrospectively evaluates habeas petitioner’s competence at his 2006 trial; despite low IQ and mental illness, court denies due process and IAC claims.
Jacob Alan Powers v. Jon Noble, No. 24-2134, 3/25/25 The Seventh Circuit found that Jacob Powers was competent to stand trial in a Wisconsin court in 2006 for sexual assault of a child and child enticement. Although Powers’ IQ was in the borderline/mild mental retardation range; his trial testimony, trial counsel’s decision not to challenge […]
- a. Competency
- A. For trial
- a. Habeas proceedings
- 1. Deficient performance
- a. Filing deadline
- Equitable tolling
- b. Not found
- B. Federal
- 3. Civil Commitments
- b. Competency
- c. Counsel
- 4. Competency of defendant
- D. Ineffective Assistance
- 4. Procedure
- 4. Standard of review
- 4. Trial
- 5. Particular issues
- H. Ch. 980, SVPs
- 8. Other types of proceedings
- 8. Counsel, 6th Am.
- 9. Retrospective hearing
- j. Appeals
- 22. Habeas corpus
- Uncategorized
March 28, 2025
COA affirms resentencing denial, holds judge’s comments about defendant’s non-criminal sexual behavior, etc. did not show objective bias
State v. Anthony J. LaRose, 2022AP647-CR, District 3, 3/25/25 (not recommended for publication); case activity (including briefs) LaRose appeals an order denying his postconviction motion for resentencing on his conviction for first-degree sexual assault of a child, in which he claimed that the circuit court judge was biased against him based on three sets of […]
Seventh Circuit remands for new trial as to whether MPD officers conducted illegal stop and frisk
Isaiah Taylor v. Justin Schwarzhuber, No. 23-3151, 3/17/25 In a rare win, Taylor will have another chance to prove that MPD officers violated his rights when they seized him while he was out delivering a Christmas turkey to a friend.
- a. Apprehension of danger
- 1. Stops, in general
- 3. Frisks
- 5. High crime areas
- G. Reasonable suspicion
- 35. Search & Seizure
March 25, 2025
COA again finds that consent to blood draw was valid, distinguishing Blackman
State v. Justin Dennis Krizan, 2022AP1341-CR, 3/4/25, District III (1-judge decision, ineligible for publication), case activity Applying its recent holding in State v. Gore, 2025 WI App 11, ___ Wis. 2d ___, ___ N.W.3d ___ (see our post on Gore here), the COA concludes that Krizan’s consent to a blood draw was voluntary because he […]
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