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State v. Corey Rector, 2020AP1213, certification filed 11/24/21; granted 2/16/22; affirmed 5/23/23; District 2; case activity (including briefs) Issue (from the certification): Whether the plain meaning of “separate occasions” in the sex-offender-registration statute means that the two convictions must have occurred at different times in two separate proceedings so that the qualifying convictions occurred sometime… Read more

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State v. Lamondo D. Turrubiates, 2020AP233, 11/23/21, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Police arrested Turrubiates and the state charged him with several counts having to do with an alleged assault on his girlfriend. During the arrest police took his phone. The state came to believe the phone might contain… Read more

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State v. Sean B. Day, 2021AP1018, 11/24/21, District 4 (one-judge decision; ineligible for publication); case activity (including brief) Day was initially charged with repeated sexual assault of a child for sexual contact with a 14-year-old when he was 17. He ended up pleading to a single count of fourth-degree sexual assault and was put on… Read more

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November 2021 publication list

The court of appeals has ordered the publication of the following criminal law related opinion: State v. Randy L. Bolstad, 2021 WI App 81 (defendant entitled to resentencing because sentencing court failed to consider the gravity of the offense)… Read more

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Summary judgment on TPR grounds reversed

Marathon County DHS v. S.K., 2021AP1124 & 2021AP1125, District 3, 11/18/21 (one-judge decision; ineligible for publication); case activity The circuit court granted partial summary judgment on the petitions to terminate the parental rights of S.K. (“Sarah”) for failure to assume parental responsibility of her two daughters. The court of appeals reverses, holding there are genuine… Read more

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Trempealeau County DSS v. T.M.M., 2021AP100 & Trempealeau County DSS v. T.M.M., 2021AP139, District 3, 11/12/21 (one-judge opinions; both ineligible for publication); case activity: 2021AP100 & 2021AP139 The court of appeals agrees with T.M.M. (“Tiffany”) that the evidence presented at her recommitment hearing was insufficient to prove she was dangerous under one of the standards… Read more

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Waukesha County v. E.J.W., 2021 WI 85, 11/23/21, reversing an unpublished court of appeals’ opinion; case activity This 4-3 “defense win” delivers a 1-2-3 punch! The decision:  (1) holds that a person undergoing commitment has the right to demand a jury 48 hours before the time set for his final hearing–even if the hearing is… Read more

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A new guide for clients who are committed

Have your mentally ill clients been denied medication or over-medicated? Have they been placed in seclusion or denied access to a phone or to interpreters? Section 51.61 establishes “patients rights” for persons receiving services for mental illness, developmental disabilities, or drug dependency, pursuant to Chapters 48, 51, 55, 971, 975 or 980. When your client… Read more

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