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15. Evidence

Waupaca County v. G.T.H., 2022AP2146, District IV, 8/24/23, 1-judge decision ineligible for publication; case activity (briefs not available) Contrary to what has seemed like a steady stream of unsuccessful hearsay-based Chapter 51 appeals, see e.g., here, here, here, here, and here, G.T.H. succussfully convinces the court of appeals to reverse his recommitment, which was based on… Read more

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Kenosha County v. L.A.T., 2022AP1730, District II, 8/23/23, 1-judge decision ineligible for publication; case activity (briefs not available) L.A.T. (“Linda”) convinced the court of appeals the circuit court erred by admitting and relying on hearsay testimony from a psychiatrist to support its dangerousness finding. However, the court holds that sufficient non-hearsay evidence established that “Linda’s… Read more

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State v. Jose A. Arevalo-Viera, 2021AP1937, 7/25/23, District 1 (not recommended for publication); case activity (including briefs) In a case alleging a disturbing sexual assault, the court of appeals exercises a deferential standard of review to uphold the lower court’s decision to admit other-acts evidence regarding an alleged attempted assault occurring on the same day… Read more

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State v. Alvin James Jemison, Jr., 2021AP2207-CR, 7/18/23, District 1 (not recommended for publication); case activity (including briefs) After a jury trial, Jemison was convicted of second-degree sexual assault of an unconscious person (Teresa) as a repeater – serious sex crime and sentenced to life in prison without the possibility of release to extended supervision. See Wis… Read more

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C.T.L. v. M.L.K., 2023AP402, District III, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available) The court of appeals confronts two alleged errors stemming from M.L.K.’s TPR jury trial and affirms based on harmless error. This is an appeal of a comparatively rare privately-filed TPR action initiated by “Mary’s” paternal grandparents against Mary’s… Read more

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State v. Conrad M. Mader, 2022AP382-CR, District 2, 6/7/23 (recommended for publication); case activity (including briefs) Mader was convicted of repeated sexual assault of his stepdaughter. He argues his trial lawyer was ineffective in numerous ways. The court of appeals agrees trial counsel performed deficiently in three respects, but holds trial counsel’s mistakes weren’t prejudicial… Read more

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State v. Danny Arthur Wright, 2021AP1252-CR, District 3, 05/16/23 (not recommended for publication); case activity (including briefs) The state charged Wright with first degree sexual assault with use of a dangerous weapon. The alleged dangerous weapon at issue was a ZAP STICK. Wright filed a motion in limine to bar the state from calling a Detective… Read more

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SCOW majority overrules Shiffra/Green

State & T.A.J. v. Alan S. Johnson, 2023 WI 39, 05/16/2023, reversing a published court of appeals decision, case activity (including briefs) As the dissent aptly describes it, “[t]his case has traveled a long and winding road to this point, and Johnson’s trial has not yet begun.” (Opinion, ¶110, Bradley, A.W., dissenting). As discussed in… Read more

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