State v. Gerald J. Vanderhoef, 2016AP2052-CR, District 1, 4/30/19 (not recommended for publication); case activity (including briefs) Vanderhoef’s silence in response to the “Informing the Accused” form constituted a refusal to consent to a chemical test, so the subsequent blood draw was unlawful. However, the state subpoenaed the results of his urine test, and that… Read more
46. WI Court of Appeals
State v. Michael Exhavier Dunn, 2018AP783-CR, 4/30/19, District 1 (not recommended for publication); case activity (including briefs). The lead issues in this appeal are whether the jury pool for Dunn’s trial represented a fair cross section of the community and whether Dunn was denied equal protection when the DA struck 2 of the 3 African-Americans… Read more
State v. Mose B. Coffee, 2019 WI App 25; affirmed 6/5/20; case activity (including briefs) This published decision should make for an interesting petition for review. The court of appeals rejects a prior unpublished opinion, State v. Hinderman, to hold: ¶13 . . . [W]hen an officer lawfully arrests a driver for OWI, even if… Read more
Brown County DHHS v. L.F.H., Sr., 2019AP145, District 3, 4/23/19 (one-judge decision; ineligible for publication); case activity The County filed a petition to terminate L.F.H.’s parental rights based on a continuing denial of his periods of physical placement or visitation with his son, Leon (a pseudonym). The circuit court granted the County’s motion for summary… Read more
J.P. v. A.P., 2018AP1775 through 2018AP1778, District 4, 4/18/19 (one-judge decision; ineligible for publication); case activity In this unusual case, the court of appeals agrees with a parent in a TPR proceeding that the circuit court may not have subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act because of an order issued… Read more
State v. Calvin Lee Brown, 2018AP766-CR, District 1, 4/9/19 (not recommended for publication); case activity (including briefs) Brown challenged a search warrant that was executed at his home, arguing the police omitted information about J.R.R., an informant who was cited in the warrant application, and that the information provided reason to doubt J.R.R.’s credibility. The… Read more
State v. Michael J. Scott, et al., 2019 WI App 22; case activity (including briefs) Applying long-standing U.S. Supreme Court precedent, the court of appeals holds that the exclusionary rule can be used to defend against a civil forfeiture complaint filed by the state. But it also holds the state should have a shot at… Read more
Jackson County DHS v. R.H.H., Jr., 2018AP2440 to 208AP2443, District 4, 4/4/19 (one-judge decision; ineligible for publication); case activity At the grounds phase R.H.H.’s termination of parental rights proceedings, the circuit court granted the County’s motion for summary judgment on the basis of continuing denial of visitation under § 48.415(4). Not so fast, says the… Read more
