by admin
on September 19, 2024
State v. Mark T. Solheim, 2024AP239, District II, 9/18/24 (one-judge decision; ineligible for publication); case activity
In its decision reversing the circuit court’s order suppressing evidence obtained pursuant to a warrant for a blood draw, the Court of Appeals reminds that Franks and its Wisconsin counterpart Anderson require defendants challenging the veracity of an affidavit in support of a search warrant to do more than show the affidavit contained false information, but also that the officer knew the information was false at the time it was asserted and included it intentionally or with a reckless disregard for the truth. [continue reading…]
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by admin
on September 19, 2024
State v. Albert A. Terhune, 2023AP353, 9/19/24, District IV (1-judge decision, ineligible for publication); case activity
In a somewhat complicated OWI appeal, COA ultimately affirms under well-settled legal standards.
[continue reading…]
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by admin
on September 19, 2024
A.M.D. v. G.R.B., Jr., 2024AP1071, District II, 9/18/24 (one-judge decision; ineligible for publication); case activity
G.R.B. (“Bartel”) appeals an order terminating his parental rights, raising a medley of challenges. Although COA acknowledges that its prior precedent sent “mixed signals” to litigants on at least one of the issues, it ultimately rejects all of G.R.B.’s arguments and affirms.
[continue reading…]
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by admin
on September 18, 2024
Christopher Roalson v. Jon Noble, No. 22-2833, 8/28/24
The Seventh Circuit affirms an order denying habeas relief, applying pre-Smith law on the confrontation clause, as the underlying WI COA decision dates back to 2014. The Court concludes that the rule the COA applied–“one expert cannot act as a mere conduit for the opinion of another” and must instead “render[] her own expert opinion”–did not contradict Melendez-Diaz or Bullcoming, the established precedent at the time.
[continue reading…]
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by admin
on September 17, 2024
State v. H.C., 2023AP1950, petition for review of an unpublished court of appeals decision granted 9/11/24; case activity (including briefs)
In a seemingly inevitable grant given a flood of appeals raising an identical issue, SCOW has accepted review of this unpublished TPR decision, which held–for the first time in Wisconsin law–that the preponderance of the evidence standard applies at the dispositional phase of a TPR.
[continue reading…]
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by admin
on September 12, 2024
State v. B.M., 2024AP414, District I, 9/10/24 (one-judge decision; ineligible for publication); case activity
In a replay of last week’s decision in N.H., on which we posted here, the Court of Appeals affirmed the circuit court’s order denying B.M.’s motion to withdraw her no-contest plea to the grounds of the petition to terminate her parental rights. [continue reading…]
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by admin
on September 12, 2024
State v. Jennifer Moustafa, 2022AP1315, 9/10/24, District III (1-judge decision, ineligible for publication); case activity
COA affirms the circuit court’s denial of Moustafa’s motion to suppress evidence, concluding that consideration of the four Dunn factors do not support a determination that Moustafa’s patio is within the curtilage of her home.
[continue reading…]
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by admin
on September 11, 2024
Ozaukee County v. S.S., 2024AP759, District II, 9/11/24 (one-judge decision; ineligible for publication); case activity
In determining whether to continue protective placement under Chapter 55, the County does not need to present an expert witness to establish an individual continues to meet the criteria for placement, and the circuit court may rely on the entire record – not just the record at the annual review hearing – to find grounds to continue placement. [continue reading…]
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