State & T.A.J. v. Alan S. Johnson, 2020 WI App 73, petition to review granted, 2/26/21; case activity (including briefs)
This is the first of what will likely be a series of appellate court decisions that re-make criminal litigation in light of “Marsy’s Law,” the recently-passed crime victims’ rights amendment to Article I, § 9m, of the Wisconsin constitution. [continue reading…]
Portage County v. L.E., 2020Ap1239-FT, District 4, 10/29/20 (one-judge decision; ineligible for publication); case activity
The evidence presented at L.E.’s ch. 51 extenstion hearing was sufficient to prove she was dangerous and was not competent to refuse medication.
State v. Jonathan N. Reiher, 2019AP2321-CR, District 4, 10/29/20 (not recommended for publication); case activity (including briefs)
The court of appeals rejects the defendant’s claim that his pleas to reckless endangerment lacked a factual basis.
State v. Brian A. Plencner, 2019AP517-CR, District 2, 10/28/20 (not recommended for publication); case activity (including briefs)
The court of appeals holds trial attorney was not ineffective for failing to seek suppression of evidence found on Plencner’s computer equipment based on the delay in analyzing the equipment.
On October 29, 2020, the court of appeals ordered the publication of the following criminal law related opinions: [continue reading…]
State v. William Lawrence Bonfiglio, 2019AP188-CR, District 4, 10/22/20 (one-judge decision; ineligible for publication); case activity (including briefs)
Police immobilized Bonfiglio because they thought he was going to resist the blood draw authorized under the search warrant they had obtained. The court of appeals rejects Bonfiglio’s claims this constituted an unreasonable execution of the warrant.
State v. Nathan J. Friar, 2019AP1578-CR, District 4, 10/22/20 (not recommended for publication); case activity (including briefs)
Friar challenges his conviction for sexual assault by use of force, claiming the circuit court erroneously admitted certain evidence and that his trial lawyer was ineffective. The court of appeals rejects his challenges. [continue reading…]
Eau Claire County DHS v. S.E., 2019AP894, review of a published opinion granted 10/21/20, case activity.
When the court orders a child in need of protection or services (“CHIPS”) placed outside the family home, a parent’s rights may be terminated if he or she fails to meet the conditions for the child’s return in the timeframe set out by statute. Wis. Stat. § 48.415(2)(a). In April 2018, the legislature shortened this timeframe. Under either version, the CHIPS order placing the child outside the home must include “notice” of “any grounds for termination of parental rights[.]” Wis. Stat. §§ 48.415(2)(a) and
48.356.
Issues for Review:
Whether as a matter of statutory construction the new, shorter timeframe begins with the initial CHIPS order, even if it predates the change in the statute and thus does not include notice of the shorter timeframe.
Whether starting the shorter timeframe with a CHIPS order that predates the statutory change violates a parent’s due process rights.
