by admin
on July 20, 2020
State v. M.A., 2019AP1089, 7/14/20, District 1 (one-judge decision; ineligible for publication); case activity
M.A.’s son J.A. was the subject of several delinquency petitions; each was converted to a JIPS proceeding because J.A. was not competent. See Wis. Stat. § 938.13(14). Eventually, M.A. filed a CHIPS petition in an apparent attempt to alter the constellation of services available to J.A. The state fought the petition and lost, and continued its fight on appeal. Per the court, though the state alleges five different errors, they all generally boil down to the same argument–that M.A. didn’t identify any particular services a CHIPS finding would provide that were not already available to her. The court rejects all five flavors of the state’s complaint and affirms the circuit court’s grant of the petition. [continue reading…]
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by admin
on July 20, 2020
State v. Donnie Gene Richards, 2020 WI App 48; case activity (including briefs)
Richards was found lapsing in and out of consciousness and severely injured behind the wheel of a crashed vehicle. There was evidence he was intoxicated, and he would soon be transported to a distant hospital by helicopter. Believing there wasn’t enough time to get a warrant by this time, the officer on scene requested that Richards’s blood be drawn before the flight, and it was. [continue reading…]
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by admin
on July 20, 2020
State v. Desmond Myers LaPean, 2019AP1448, 7/14/20, District 3 (not recommended for publication); case activity (including briefs)
LaPean pleaded to a sexual assault of a child with an agreement that the state would cap its recommendation at 10 years of initial confinement and 10 of extended supervision. But at sentencing, the state first recommended 12 and 12. After defense counsel’s objection, the state instead requested 10 and 14. Counsel didn’t notice the second breach, but the prosecutor eventually did, telling the court the agreement was for 10 and 10. The court gave 12 and 10. [continue reading…]
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by admin
on July 19, 2020
Looking at doing a jury trial any time soon, in the time of Covid? You might be interested in this article about a judge mandating transparent masks for witnesses.
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by admin
on July 16, 2020
State v. Samuel L. Nichols, Jr., 2019AP802-CR, District 4, 7/16/20 (not recommended for publication); case activity (including briefs)
Nichols was charged with capturing images of nudity without consent and sexual assault. He argues the police didn’t have probable cause to seize his cell phone and therefore the images they found on it must be suppressed. He also asserts other-acts evidence was erroneously admitted at his trial. The court of appeals rejects both claims. [continue reading…]
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by admin
on July 16, 2020
Fond du Lac County v. S.N.W., 2020AP274-FT, District 2, 7/15/20 (one-judge decision; ineligible for publication), petition for review granted 11/19/20; case activity
The testimony of the county’s expert provided sufficient evidence of dangerousness under § 51.20(1)(a)2.b. and (1)(am). [continue reading…]
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by admin
on July 16, 2020
Racine County HSD v. S.M.F., 2019AP2346 & 2019AP2347, District 2, 7/15/20 (one-judge decision; ineligible for publication); case activity
S.M.F.’s challenges the order terminating her parental rights, alleging trial counsel was ineffective and that the circuit court should have granted her mistrial motion. The court of appeals affirms. [continue reading…]
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by admin
on July 14, 2020
SCOW addressed the elements of a criminal legal malpractice claim last month in Skindzelewski v. Smith, 2020 WI 57, __ Wis. 2d __, __ N.W.2d__. One element is that the criminal defendant/malpractice plaintiff must prove that he was actually innocent of the charge in his underlying criminal case. Last week, the court of appeals certified a follow up question to SCOW: What if the criminal defendant/malpractice plaintiff was charged with multiple crimes and can show actual innocence as to some, but not all, of the charges against him in the underlying criminal case? See Jama I. Jama v. Jason C. Gonzalez and WILMIC, Appeal No. 2019AP629 (July 9, 2020). [continue reading…]
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