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COA affirms juvenile waiver decision despite judge’s mistaken belief about SJO program
State v. J.A.V., 2024AP2081, 4/23/25, District I (1-judge decision, ineligible for publication); case activity COA rejects two claims relating to the circuit court’s discretionary decision, including an argument that the circuit court relied on inaccurate information regarding the SJO program.
- 1. Appeals
- 1. Objection requirement
- a. Failure to object
- 2. Waiver and reverse waiver
- B. Delinquency proceedings
- D. Waiver of issues/arguments
- 8. Discretionary decision
- K. Standards of Review
- 26. Juvenile proceedings
April 23, 2025
COA affirms default finding in TPR due to single missed court date
State v. A.L., 2025AP177, 4/22/25, District I (1-judge decision, ineligible for publication); case activity Despite the respondent’s claim that she was never given notice of the time for a jury status hearing, COA affirms the circuit court’s default finding.
Seventh Circuit Cases for March
March was another slow month, but brought a couple of cases potentially relevant to our practice with respect to a delayed search of a cell phone, the use of suggestive lineups, the constitutionality of laws governing short-barreled rifles, and an argument that the Sixth Amendment applies to criminal restitution orders:
April 18, 2025
COA affirms third standard (2.c.) ch. 51 appeal due to abnormal neck movements and previous food restriction
Winnebago County v. J.D.M., 2024AP1601, 4/16/25, District II (1-judge decision, ineligible for publication); case activity COA affirms the circuit court’s orders recommitting J.D.M. (referred to as “Josh”) for twelve months and authorizing involuntarily administering medication. A jury found Josh mentally ill, a proper subject for treatment, and dangerous to himself or others. Josh argues on […]
- 1. Original commitment
- A. Ch. 51, Mental health
- 2. Recommitment
- C. Unpublished Opinions
- c. Pattern of acts
- 3. Civil Commitments
- 4. Involuntary meds
- e. Dangerousness
- f. 51.20(1)(a)2. Dangerousness
- 46. WI Court of Appeals
April 17, 2025
SCOW clarifies that law protecting employees from discrimination based on arrest records applies to non-criminal offenses
Oconomowoc School District v. Cota., 2025 WI 11, 4/10/25 In a case tangentially related to defense practice, SCOW clarifies that a Wisconsin statute prohibiting employment discrimination based on arrest records applies to non-criminal offenses, such as an allegation of theft prosecuted in municipal court.
March Publication Order
As usual, we bring you coverage of COA’s orders regarding publication.
April 16, 2025
SCOTUS grants cert to determine scope of defendant’s right to discuss matters with counsel during recess in trial testimony.
David Asa Villarreal v. Texas, USSC No. 24-557, certiorari granted 4/7/25 SCOTUS added to its 2025-26 docket this week when it granted the petitioner’s cert. petition to address the following: Question presented: Whether a trial court abridges the defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s […]
April 10, 2025
COA affirms suppression ruling based on illegible license plate
State v. Natalie S. Lozano, 2024AP1540-CR & 2024AP1541-CR, 4/9/25, District II (1-judge decision, ineligible for publication); case activity In yet another appeal hinging on the requirement that a license plate be “legible,” COA affirms based on its deference to the circuit court’s factual findings.
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