State v. Darrell K. Smith, 2021AP72-CR, 9/20/22, District 1 (not recommended for publication); case activity (including briefs) A jury convicted Smith of 2nd degree sexual assault of A.B. He argued that his trial counsel was ineffective for failing to object when (1) statements from a non-testifying sexual assault nurse examiner (SANE) were admitted in violation… Read more
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State v. Leroy Rice, Jr., 2022AP244-CR, 9/14/22, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) Rice sought resentencing based on an inadequate waiver of his right to be physically present at his sentencing per §971.04(1)(g) and based on a new factor: the circuit court overlooked his substance abuse needs at the time… Read more
State v. L.N.H., 2022AP209, 9/13/22, District 1, (10judge opinion, ineligible for publication); case activity The State filed petitions against “Lucy” and “Adam,” seeking to terminate their parental rights to “Anthony.” Adam stipulated to grounds for the TPR, but ultimately not to termination. Lucy consented to termination but later argued that her consent was not knowingly… Read more
County of Jefferson v. Julianne Trista Wedl, 2022AP328, 9/9/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Wedl was driving her car when she came upon another vehicle engulfed in flames. An off-duty police officer also happened by and stopped. When the first on-duty officer arrived, he approached Wedl, who seemed to… Read more
State v. J.W., 2022AP1338, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity J.W.’s challenges the sufficiency of the evidence at both the grounds and dispositional phases of the proceeding that terminated his parental rights to J.W., Jr. The court of appeals rejects his arguments. The TPR petition alleged continuing CHIPS under § 48.415(2)… Read more
State v. Q.M., 2022AP1245, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity Q.M. challenges the termination of her parental rights to J.W., arguing the circuit court erred in depriving her of the right to present evidence at the disposition hearing. The court of appeals rejects the challenge. J.W. was removed from Q.M.’s home… Read more
State v. M.J.C., 2022AP779, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity The court of appeals rejects M.J.C. attempt to withdraw his no contest plea to the petition to terminate his parental rights to J.C. To withdraw his plea, M.J.C. has to point to a defect in the court’s plea colloquy and assert… Read more
State v. John Dean Pleuss, 2021AP504-CR, District 4, 8/25/22 (not recommended for publication); case activity (including briefs) The deadline for filing a return of property application under § 968.20 is “directory” rather than mandatory, so failing to comply with the deadline doesn’t deny a circuit court the competency to decide the application if the petitioner… Read more
