by admin
on February 15, 2024
K.W. & D.W. v. S.L., 2023AP1582, 2/13/24, District 3 (one-judge decision, ineligible for publication); case activity
The summary judgment issue here turned on one simple question: did a genuine issue of fact exist as to whether S.L. (“Susan”) knew or could have reasonably discovered the whereabouts of her son (Alex) during the relevant period of alleged abandonment? Upon consideration of Susan’s multiple affidavits and drawing reasonable inferences in the light most favorable to the Susan, as the non-moving party, the court of appeals reverses the circuit court’s order granting summary judgment on grounds. [continue reading…]
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by admin
on February 14, 2024
State v. E.M.A., 2023AP2043-45, 1/30/24, District 1 (one-judge decision, ineligible for publication); case activity
E.M.A.’s (“Emma’s) challenge to the court’s exercise of discretion at disposition fails and the court of appeals concludes the circuit court properly exercised its discretion in terminating Emma’s parental rights to her three children. [continue reading…]
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by admin
on February 14, 2024
State v. Jacob Karl Schindler, 2023AP755, 1/25/24, District 4 (one-judge decision, ineligible for publication); case activity
Schindler appeals from an order revoking his operating privileges after he refused to submit to chemical testing of his blood pursuant to Wisconsin’s implied consent law. The court of appeals affirms after concluding that the arresting deputy had probable cause to believe Schindler operated a motor vehicle under the influence of alcohol. [continue reading…]
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by admin
on February 8, 2024
State v. Kasey Ann Gomolla, 2022AP199-CR, 2/6/24, District 3 (recommended for publication); case activity
Even if the court of appeals had not recommended this decision for publication, Gomolla’s case seems destined for further review. While the facts here are somewhat distinguishable from State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64, Cross’ counter-intuitive holding, even with arguably “better” facts, seems to have hamstringed the court of appeals from acknowledging that a plea cannot be said to be “knowing, intelligent, and voluntary” if the defendant does not know the correct maximum penalty. If we had to guess, SCOW will soon be considering whether to reconsider, limit, or overrule Cross. [continue reading…]
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by admin
on February 8, 2024
State v. M.D.B., Jr., 2023AP620, 2/6/24, District I (1-judge decision; ineligible for publication); case activity
The State’s efforts to revive this delinquency case on appeal fail, as they are unable to persuade COA that the circuit court erroneously exercised its discretion in dismissing the petition with prejudice for failure to comply with a statutory deadline.
[continue reading…]
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by admin
on February 7, 2024
State v. Kevin A. Terry, 2023AP1053-CR, 1/31/24, District II (1-judge decision; ineligible for publication); case activity (including briefs)
In yet another “broken taillight” OWI, COA holds that the officer had reasonable suspicion to seize Terry based on a relatively minor vehicle malfunction.
[continue reading…]
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by admin
on February 7, 2024
Winnebago County v. D.S., 2023AP1484, 1/24/24, District II (one-judge decision; ineligible for publication); case activity
In a fact-dependent appeal, COA holds that the evidence was sufficient and the trial court’s findings adequate to uphold this 51 extension order.
[continue reading…]
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by admin
on February 6, 2024
Winnebago County v. T.M.G., 2023AP681, 1/24/24, District II (one-judge decision; ineligible for publication); case activity
Despite T.M.G.’s challenges, COA affirms this extension and related medication order applying what it believes to be well-settled precedent.
[continue reading…]
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