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8. Discretionary decision

State v. Johnny Ray Martin, 2023AP603, 5/28/25, District III (1-judge decision, ineligible for publication); case activity COA rejects Martin’s claims that the circuit court erroneously exercised its discretion by denying his attempt to impeach the alleged victim with her prior recantation of a separate incident, and that defense counsel was ineffective by failing to adequately… Read more

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State v. Peter J. Long, 2024AP1249-CR, 5/28/25, District II (not recommended for publication); case activity While Long’s appeal presents some superficially interesting legal issues, ultimately COA’s dereference to the circuit court’s underlying factual findings govern the outcome here. “Alice,” called police to report that her mother was being physically attacked by the defendant, Long. (¶2)… Read more

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State v. J.A.V.,  2024AP2081, 4/23/25, District I (1-judge decision, ineligible for publication); case activity COA rejects two claims relating to the circuit court’s discretionary decision, including an argument that the circuit court relied on inaccurate information regarding the SJO program. On appeal, “Joshua” raises two challenges to the circuit court’s discretionary decision to waive him… Read more

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State v. A.L., 2025AP177, 4/22/25, District I (1-judge decision, ineligible for publication); case activity Despite the respondent’s claim that she was never given notice of the time for a jury status hearing, COA affirms the circuit court’s default finding. “Allie” received the usual warning given to parents in TPR matters–to appear at all future court… Read more

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State v. Natalie S. Lozano, 2024AP1540-CR & 2024AP1541-CR, 4/9/25, District II (1-judge decision, ineligible for publication); case activity In yet another appeal hinging on the requirement that a license plate be “legible,” COA affirms based on its deference to the circuit court’s factual findings. Lozano appeals an order denying her motion to suppress and renews… Read more

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State v. R.J.S., 2024AP2186, 2/7/25, District I (1-judge decision, ineligible for publication); case activity COA rejects R.J.S.’s challenges to the sufficiency of the evidence and applies a well-settled standard of review to uphold the circuit court’s discretionary termination order. Sufficiency of the Evidence  A jury found in favor of the State with respect to both… Read more

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Richland County DH&HS v. D.M.K., 2022AP2190, District IV, 11/14/24 (one-judge decision; ineligible for publication); case activity In a somewhat rare CHIPS appeal, COA upholds the circuit court’s decision to remove adversary counsel but reverses the court’s order modifying that attorney’s request for fees. This appeal arises from a CHIPS proceeding initiated in 2014. (¶3). Given… Read more

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State v. M.M.K., 2024AP591-CR, 2024AP592-CR, 2024AP593-CR, 2024AP594-CR, 10/31/24, District IV(1-judge decision, ineligible for publication); case activity In a case which continues a new trend in appeals of involuntary medication appeals, COA holds that while the circuit court correctly found M.M.K. incompetent, it failed to correctly apply Sell in ordering involuntary medication. M.M.K. was charged in… Read more

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