State v. B.W., 2022AP1329, District I, 9/12/23, PFR granted 12/11/23; affirmed 6/27/2024; (1-judge decision; ineligible for publication); case activity (briefs not available) In yet another TPR appeal presenting an alleged miscommunication of the dispositional burden of proof, COA’s close read of the record evidence prevents B.W. from obtaining a requested hearing. As we noted in… Read more
1. Appeals
State v. Jeffrey S. Clemons, 2020AP1450-CR, 9/6/23, District III (one-judge decision; ineligible for publication); case activity (briefs not available). Applying an almost-insurmountable standard of review, COA concludes there was sufficient evidence to support the circuit court’s finding that Clemons violated an obstructing ordinance. First, the somewhat bizarre facts. Clemons initially reported to police that he… Read more
Brown County D.H.S. v. A.K., 2023AP730, 9/6/23, District III (one-judge decision; ineligible for publication); case activity (briefs not available). A.K. concedes that the circuit court properly exercised its discretion at this dispositional hearing, but argues that the order must still be reversed as there was no direct evidence from the proposed adoptive resource. COA rejects… Read more
Robert James Pope , Jr. v. Warden Paul Kemper, 21-CV-0346 (E.D. Wis. 9/1/23). In a satisfying–and long-delayed–defense win, Judge Ludwig of the Eastern District acknowledges that when a prisoner, previously abandoned by counsel, is then forced to appeal his conviction without having transcripts made available to him, that procedure violates “clearly established” US Constitutional law… Read more
State v. Michael A. Wilson, 2022AP1099, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available) Despite some procedural quirks, the Court of Appeals wastes no time in affirming what turns out to be a relatively straightforward refusal conviction. Wilson appeals a conviction for refusing to take an evidentiary test following his arrest… Read more
State v. William J. Buffo, 2023AP302 & 2023AP303, 8/31/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) This pro se appeal stems from two criminal cases, but the opinion concerns an order from the circuit court that set “parameters for Buffo’s future filings.” In short, the circuit court entered an order that barred… Read more
State v. Kale K. Keding, 2022AP1373-CR & 2022AP1374-CR, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available) In an eminently readable and refreshing opinion, COA methodically works through a battery of counterarguments to hold that police could not use statements Keding made after having been asked about a tissue he discarded into… Read more
State v. C.D., 2023AP1025, District I, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available) In an exciting defense win, District I signals a willingness to critically review default orders entered in Milwaukee County. C.D. faced involuntary termination of her parental rights and, as is customary, was warned twice that a failure to… Read more
