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COA affirms OWI 2nd conviction, holding police had reasonable suspicion to extend traffic stop
State v. Danny Thomas McClain, Jr., 2024AP8, 4/8/25 District I (one-judge decision; ineligible for publication); case activity (including briefs) COA affirms the circuit court’s order denying suppression of the evidence (field sobriety tests and preliminary breathalyzer tests), finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for additional criminal […]
- a. Field Sobriety Testing
- 1. Generally
- 2. Traffic stops
- 3. Frisks
- 6. Test for seizure
- G. Reasonable suspicion
- H. Exclusionary rule
- I. Suppression hearings
- 35. Search & Seizure
April 9, 2025
COA affirms CHIPS dispositional orders finding that circuit court exercised proper discretion in denying respondents’ petition to transfer jurisdiction to tribal court, authorizing County to exercise medical decision making, and admitting evidence of father’s risk assessment
Monroe County v. G.L.B., 2024AP1596, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity Monroe County v. T.B., 2024AP1845, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity The COA issued two decisions affirming the circuit court’s dispositional orders finding that T.B.’s (the mother) and G.L.B.’s (the father) son was in need of protection […]
April 8, 2025
COA affirms challenge to TPR disposition under erroneous exercise of discretion standard
Waukesha County v. A.T., 2025AP167, 4/2/25, District II (1-judge decision, ineligible for publication); case activity “Amber” appeals from an order terminating her parental rights to her 6-year-old daughter, “Holly.” She argues the circuit court erroneously exercised its discretion at disposition. COA affirms under the deferential, erroneous exercise of discretion standard.
April 5, 2025
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. Trial
- 4. Competency of defendant
- D. Ineffective Assistance
- 4. Procedure
- 4. Standard of review
- 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
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