On Point blog, page 2 of 19
COA: Defendant forfeits argument for discovery violation because no objection made at trial
State v. Rebecca Lea Kamm, 2024AP1944-CR, 8/28/25, District IV (ineligible for publication); case activity
The COA held that the defendant forfeited her argument that the State did not comply with Wis. Stat. § 971.23(1) by not disclosing to her counsel video evidence within a reasonable time before trial. Although the evidence was not provided to counsel until the morning of trial, the issue was forfeited because counsel did not object to its admission.
COA rejects challenges to involuntary commitment and medication orders
Brown County v. M.J., 2025AP116, 8/26/25, District III (ineligible for publication); case activity
In a Chapter 51 appeal presenting familiar legal challenges, COA avoids some of the stickier legal issues on a path toward affirmance.
COA concludes testimony alone, with no physical evidence, is sufficient to affirm conviction for driving faster than was reasonable and prudent.
Dane County v. Trent Joseph Meyer, 2024AP1630, 8/14/25, District IV (ineligible for publication); case activity
The COA affirmed a conviction for driving faster than was reasonable and prudent under the conditions where the defendant drove 20 miles-per-hour above the speed limit and came “close” to other cars’ bumpers.
COA approves what appears to be the 20th extension of an involuntary mental commitment order despite doctor’s “concerns” about medication regimen
Racine County v. D.S. 2025AP758-FT, 8/6/25, District II (ineligible for publication); case activity
COA rejects a battery of challenges to D.S.’s involuntary commitment and medication despite sharing some of the examining physician’s “concerns” about her situation.
Seventh Circuit Cases for June and July
Because June failed to produce many relevant cases, and posts were delayed as a result of our migration to a new site, we’ve consolidated June and July’s cases. This installment features decisions clarifying the difference between lay and expert testimony, a Fourth Amendment win, a habeas win, and a mixed bag of other interesting cases.
Defense win: Circuit court erred when it denied respondent’s request for fact witnesses to appear in person at ch. 51 trial
Washburn County v. L.R.Y., 2025AP272-FT, District 3, 7/22/25 (one-judge decision; ineligible for publication); case activity
“Lily” appeals an original commitment and involuntary med order, arguing that the circuit court violated her right to have the County’s fact witnesses testify in person. COA agrees that, under Wis. Stat. § 885.60(2)(d), the circuit court erred by failing to sustain Lily’s objection to the county’s fact witnesses appearing by video at the final hearing.
SCOW affirms defense win in revocation case on deferential standard of review
State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, affirming a per curiam court of appeals decision, case activity (including briefs)
The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and Sellers asked the COA to affirm DHA’s original decision not to revoke Sellers’s probation.
COA affirms TPR disposition, holds circuit court properly exercised discretion as to substantial relationship factor
Oneida County v. J.B., 2025AP213, 7/1/25, District III (one judge opinion, ineligible for publication); case activity
J.B. (“Joseph”) appeals the disposition terminating his parental rights to his son, “Isaac,” arguing that the circuit court failed to explicitly consider whether Isaac had substantial relationships with Joseph and members of his family. COA rejects Joseph’s arguments and affirms.
Isaac was five years old at the time of the jury trial on grounds and dispositional hearing.
COA: In TPR case, trial counsel’s performance was deficient for not timely filing affidavits opposing summary judgment, but respondent not prejudiced.
Jackson County Dept. of Health & Human Services v. A.M.N., 2024AP1166, 7/10/25, District IV (ineligible for publication); case activity
COA finds counsel’s performance deficient for failing to timely file affidavits opposing Jackson County’s motion for partial summary judgment regarding its petition to terminate A.M.N.’s parental rights. But A.M.N. was not prejudiced because there is no reasonable probability that the affidavits would have created a genuine issue of material fact whether she had good cause for failing to contact or communicate with her daughter,
COA affirms order continuing protective placement
Washburn County v. D.C.R., 2024AP2443-FT, 7/8/25, District III (ineligible for publication); case activity
While D.C.R. wins some minor victories in this appeal, ultimately COA rejects his sufficiency challenges and affirms.
In this appeal from an order continuing a protective placement after an annual review, COA addresses two sufficiency challenges:
Primary Need for Residential Care and Custody
Under the statute, the County needed to prove that “Dwight” had “a primary need for residential care and custody.” § 55.08(1)(a).