Portage County v. D.A., 2023AP1237, 1255 & 1272, 5/9/24, District IV (one-judge decision; ineligible for publication); case activity Although “David” presents a superficially knotty jurisdictional argument, COA ultimately holds that he has forfeited this otherwise non-meritorious legal issue. The facts of this case are complex, but involve two interlinked court actions. “David” and “Rachel” have… Read more
D. Waiver of issues/arguments
Brown County Health and Human Services v. R.U., 2024AP45-6 4/16/24, District IV (one-judge decision; ineligible for publication); case activity In yet another fact-dependent TPR appeal, COA affirms given well-settled (and difficult to overcome) legal standards. Summary Judgment “Ralph” appeals the circuit court’s order granting summary judgment as to grounds with respect to § 48.415(4) (continuing… Read more
Jackson County Department of Human Services v. I.J.R.,, 2023AP1495-6 4/11/24, District IV (one-judge decision; ineligible for publication); case activity In yet another beefy TPR appeal presenting multiple issues, COA rejects all of I.J.R.’s arguments and affirms. Right to Appear In-Person at Summary Judgment Hearing Here, the petitioner moved for partial summary judgment as to grounds… Read more
State v. Carl Lee McAdory, 2023AP645-CR, 4/12/24, District IV (recommended for publication); case activity After McAdory persuaded the court of appeals to reverse his OWI conviction and grant him a new trial, the state pulled the “old switcheroo” on McAdory by getting the circuit court to swap his previously dismissed restricted controlled substance conviction with… Read more
State ex rel. Antonio S. Davis v. Circuit Court for Dane County, the Honorable Ellen K. Berz and State of Wisconsin, 2024 WI 14, 3/26/24; case activity A majority of the Wisconsin Supreme Court affirms the court of appeals’ denial of Davis’ petition for a supervisory writ after concluding the the circuit court had no… Read more
Portage County v. D.P.W.O., 2023AP1975, 3/7/24, District IV (one-judge decision; ineligible for publication); case activity In yet another appeal challenging the use of hearsay statements contained within an examiner’s report, COA rejects D.P.W.O.’s attempt to use the plain error doctrine to prove that this unpreserved error merits reversal of the extension order. At D.P.W.O.’s extension… Read more
State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute. Schultz tried to leave the “Bull Pen Bar” and… Read more
State v. Troy Allen Shaw, 2023AP697, 1/24/24, District II (1-judge decision; ineligible for publication); case activity (including briefs) Shaw’s challenge to improper closing argument persuades COA that the prosecutor erred, but fails to overcome the imposing tests for plain and harmless error. Shaw appeals his conviction for criminal trespass to a dwelling. (¶1). In a… Read more