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26. Sufficiency of evidence

Winnebago County v. C.J.H., 2023AP1263, 3/6/24, District II (one-judge decision; ineligible for publication); case activity In a 51 appeal presenting several commonly litigated issues, COA finds no error and affirms. This is an appeal from an initial commitment order involving “Carly,” who allegedly became suicidal after being detained at the Winnebago County Jail. (¶3). Following… Read more

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Burnett County v. B.S., 2023AP1811-FT, 2/28/24, District III (one-judge decision; ineligible for publication); case activity Due in part to last-minute witness unavailability, the County’s attempt to rely solely on generic and conclusory testimony from an examining psychiatrist fails in yet another helpful, and citable, 51 win. This is an appeal from Brian’s fourth recommitment hearing… Read more

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State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated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

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City of Watertown v. Andrew D. Wiest, 2023AP992, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity Although Wiest faults the City for failing to prove that he operated his motor vehicle while intoxicated, COA is satisfied there was sufficient circumstantial proof and affirms. Wiest’s legal troubles began when an officer spotted his truck… Read more

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Winnebago County v. D.S., 2023AP1484, 1/24/24, District II (one-judge decision; ineligible for publication); case activity In a fact-dependent appeal, COA holds that the evidence was sufficient and the trial court’s findings adequate to uphold this 51 extension order. “Dennis” challenges an order finding that he is dangerous (or would become dangerous) under the fifth standard… Read more

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Winnebago County v. T.M.G., 2023AP681, 1/24/24, District II (one-judge decision; ineligible for publication); case activity Despite T.M.G.’s challenges, COA affirms this extension and related medication order applying what it believes to be well-settled precedent. “Thomas” challenges an order extending his commitment finding him dangerous under § 51.20(1)(a)2.b.  (¶1). He argues that the County failed to… Read more

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State v. D.K., 2023AP292-293, 1/3/24, District I (one-judge decision; ineligible for publication); case activity Despite a novel challenge as to the integrity of his plea, COA rejects “Daniel’s” arguments and affirms in this TPR appeal. Daniel’s legal troubles began when DMCPS received information that he had physically abused his nine-month old child, Corey. (¶2). As… Read more

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Douglas County v. M.L, 2022AP141, 12/28/23, District III (one-judge decision; ineligible for publication); case activity Faced with a challenge to the circuit court’s competency in this protective placement appeal, COA holds that the appellant has forfeited his challenge and therefore affirms. “Mason” appeals an order continuing his protective placement following a due process review hearing… Read more

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