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24. Jurisdiction, etc

Racine County v. B.L.M., 2023AP757, 11/22/23, District II (ineligible for publication); case activity Despite a creative challenge to a continued protective placement order, COA rejects any argument that the circuit court lost competency by failing to timely reappoint a GAL in this protective placement appeal. § 55.18 lists the required procedures for an annual review… Read more

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COA rejects challenges to OWI refusal

State v. Michael A. Wilson, 2022AP1099, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available) Despite some procedural quirks, the Court of Appeals wastes no time in affirming what turns out to be a relatively straightforward refusal conviction. Wilson appeals a conviction for refusing to take an evidentiary test following his arrest… Read more

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State v. I.B., 2022AP911 & 2022AP912, District I, 6/6/23 (one-judge decision; ineligible for publication); case activity (briefs not available) Although the State appears to have conceded it did not follow the statutory requirements for proper service of the petition(s) in this TPR, Ivy’s appeal fails because she did not object below. And, because the error… Read more

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State v. Kit R. Stilwell, 2022AP1734-CR, District 2, 4/05/23 (1-judge opinion, not eligible for publication); case activity (including briefs) After summarizing an “inordinate[ly]” complicated set of facts in an otherwise simple bail jumping case, the court of appeals notes that because he failed to file a reply brief, the state’s arguments were conceded by Stilwell… Read more

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State v. Rasheem D. Davis, 2023 WI App 25; case activity (including briefs) Addressing an issue of first impression in Wisconsin, the court of appeals holds that the circuit court’s order dismissing charges against Davis that was rescinded minutes later didn’t deprive the court of subject matter jurisdiction. Davis was charged in two separate cases… Read more

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R.G. v. S.P., 2022AP1876, District 4, 02/16/2023 (one judge opinion; ineligible for publication); case activity R.G. filed a petition to voluntarily terminate his parental rights to a non-marital child that he had not seen in over seven years. The circuit court dismissed his petition for lack of jurisdiction. R.G. pursued an appeal pro se, arguing… Read more

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Portage County DHHS v. A.K., 2022AP30, District 4, 8/11/22 (one-judge decision; ineligible for publication); case activity A parent’s failure to raise the issue of the circuit court’s personal jurisdiction as a defense during the TPR proceeding means the issue was waived. The attorney representing A.K. in a pending CHIPS proceeding accepted service on A.K.’s behalf… Read more

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United States v. Cooley, USSC No. 19-1414, 141 S.Ct. 1638 (June 1, 2021), vacating and remanding 919 F.3d 1135 (9th Cir. 2019); Scotusblog page (including links to briefs and commentary) A unanimous Court holds that tribal police officers have the power to search and temporarily detain non-Indians suspected of breaking federal or state laws within… Read more

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