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23. Judge

Not funny, but not judicial bias, either

State v. Justin M. Church, 2021AP751-CR, District 3, 6/1/22 (not recommended for publication); case activity (including briefs) At a pretrial hearing the circuit court made what the court of appeals characterized as an “ill-advised and troubling” attempt at humor (¶26), but it didn’t demonstrate that the circuit court prejudged the sentence it was going to… Read more

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Challenges to CHIPS order rejected

Portage County v. D.A., 2021AP1683, 2021AP1685, 2021AP1686, District 4, 3/24/22 (one-judge decision; ineligible for publication); case activity (for 21AP1683) D.A. (“David”) raises various challenges to the finding his three children are in need of protection or services and to the dispositional orders. The court of appeals rejects his claims. The arguments and issues are very… Read more

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An interesting judicial bias claim

State v. O.G., 2021AP1642-CR, 1/25/22, District 1 (1-judge opinion; ineligible for publication; case activity O.G. appealed a juvenile court order waiving him into adult court. He argued that the judge was objectively biased and requested a new waiver hearing before a different judge. His appendix included 3 affidavits alleging that during a break in the… Read more

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State v. Alexandrea C.E. Throndson, 2020AP1081-CR, District 4, 7/15/21 (not recommended for publication); case activity (including briefs) Throndson raises two due process challenges to her sentencing: that the judge relied on inaccurate information and was objectively based. The court of appeals rejects both. Both claims arise out of the circuit court’s independent review of her prior… Read more

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State v. Tavodess Matthews, 2021 WI 42, reversing a published court of appeals opinion, 2020 WI App 33, 5/14/21, case activity (including briefs) Section 801.58(1) allows a party to a civil case to request a new judge if, among other things, he files a written substitution request before “the hearing of any preliminary contested matter.”… Read more

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State v. Benjamin J. Klapps, 2021 WI App 5; case activity (including briefs) The circuit court granted the state’s petition to revoke Klapps’s conditional release under § 971.17(3)(e), citing in particular the report of a prior examiner who didn’t testify at the revocation hearing and whose report wasn’t entered into evidence. (¶¶2-13). Klapps argued the… Read more

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State v. M.E., 2019AP2228, 9/1/2020, District 1 (one-judge decision; ineligible for publication); case activity M.E. was adjudicated delinquent after a bench trial. During the trial, the judge overheard a conversation between a state’s witness and the prosecutor that led her to believe her sequestration order had been violated. M.E. argues the judge was disqualified because… Read more

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State v. Darrin Stingle, 2019AP491, District 3, 7/28/20 (1-judge opinion, ineligible for publication); case activity (including briefs) Stingle is not the typical subject of an On Point post. He owns farmland in Outagamie County, and the DNR cited him for discharging fill material into wetlands on it. At a 1-day bench the trial judge twice… Read more

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