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State v. Albert A. Terhune, 2023AP353, 9/19/24, District IV (1-judge decision, ineligible for publication); case activity In a somewhat complicated OWI appeal, COA ultimately affirms under well-settled legal standards. Terhune appeals the circuit court’s order revoking his operating privileges for unlawfully refusing to submit to an evidentiary breath test pursuant to § 343.305. (¶1). While… Read more

A.M.D. v. G.R.B., Jr., 2024AP1071, District II, 9/18/24 (one-judge decision; ineligible for publication); case activity G.R.B. (“Bartel”) appeals an order terminating his parental rights, raising a medley of challenges. Although COA acknowledges that its prior precedent sent “mixed signals” to litigants on at least one of the issues, it ultimately rejects all of G.R.B.’s arguments… Read more

Christopher Roalson v. Jon Noble, No. 22-2833, 8/28/24 The Seventh Circuit affirms an order denying habeas relief, applying pre-Smith law on the confrontation clause, as the underlying WI COA decision dates back to 2014. The Court concludes that the rule the COA applied–“one expert cannot act as a mere conduit for the opinion of another”… Read more

State v. H.C., 2023AP1950, petition for review of an unpublished court of appeals decision granted 9/11/24; reversed 6/3/25; case activity (including briefs) In a seemingly inevitable grant given a flood of appeals raising an identical issue, SCOW has accepted review of this unpublished TPR decision, which held–for the first time in Wisconsin law–that the preponderance… Read more

State v. B.M., 2024AP414, District I, 9/10/24 (one-judge decision; ineligible for publication); case activity In a replay of last week’s decision in N.H., on which we posted here, the Court of Appeals affirmed the circuit court’s order denying B.M.’s motion to withdraw her no-contest plea to the grounds of the petition to terminate her parental… Read more

State v. Jennifer Moustafa, 2022AP1315, 9/10/24, District III (1-judge decision, ineligible for publication); case activity COA affirms the circuit court’s denial of Moustafa’s motion to suppress evidence, concluding that consideration of the four Dunn factors do not support a determination that Moustafa’s patio is within the curtilage of her home. Law enforcement went to Moustafa’s… Read more

Ozaukee County v. S.S., 2024AP759, District II, 9/11/24 (one-judge decision; ineligible for publication); case activity In determining whether to continue protective placement under Chapter 55, the County does not need to present an expert witness to establish an individual continues to meet the criteria for placement, and the circuit court may rely on the entire… Read more