by admin
on December 22, 2023
Douglas County v. J.M., 2022AP2035, 11/28/23, District 3 (one-judge decision; ineligible for publication); case activity
“James” was subjected to a guardianship under ch. 54 and a protective placement under ch. 55 in 2020. He had annual reviews of placement in 2021 and 2022; the last one is the subject of this appeal. James argues that the county was obligated to put on medical expert testimony to meet its burden to show, by clear and convincing evidence, that he meets three of the elements for a protective placement (he does not dispute that he is an adult who’s been found incompetent, the remaining element). The court of appeals delves into the record of past hearings and holds that these older filings fill in the gaps. But isn’t the point of a due-process (Watts) review to determine how the person is doing now? [continue reading…]
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by admin
on December 19, 2023
Winnebago County v. A.P.D., 2023AP863, 12/13/23, District II (one-judge decision; ineligible for publication); case activity
In yet another defense win reliant on Langlade County v. D.J.W., COA holds that the circuit court failed to make adequate findings in this Chapter 51 appeal.
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by admin
on December 18, 2023
Winnebago County v. D.E.W., 2023AP215, petition for review of an unpublished court of appeals decision granted 12/11/23; dismissed as improvidently granted 5/14/24, case activity (including briefs)
SCOW accepts a case poised to resolve ongoing conflict in COA with respect to involuntary medication orders in Chapter 51 appeals.
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by admin
on December 11, 2023
Columbia County v. Carter Ray Smits, 2023AP241, 12/7/23, District IV (one-judge decision; ineligible for publication); case activity
Despite the analyst’s testimony that, given the margin of error for the lab result, it was “equally likely” Smits was under as opposed to over the legal limit, COA affirms.
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by admin
on December 8, 2023
State v. M.E.E., 2023AP1510, 11/28/23, District I (one-judge decision; ineligible for publication); case activity
In a dense and fact-dependent opinion, COA affirms under well-settled standards of review.
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by admin
on December 8, 2023
State v. T.J., 2023AP1239-1242, 11/28/23, District I (one-judge decision; ineligible for publication); case activity
Despite a battery of legal challenges, COA swiftly and efficiently marches toward affirmance in this TPR appeal.
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by admin
on December 2, 2023
State v. Antonio G. Ramirez, Jr., 2021AP1590, 11/15/23, District 2 (recommended for publication); case activity (including briefs)
There are some serious unresolved confrontation questions around statements alleged victims make in settings involving both medical treatment and criminal investigation: often, during a police-instigated physical examination after an alleged physical or sexual assault. Here, despite turning out a 52-page, recommended-for-publication opinion, the court of appeals fails meaningfully to address any. [continue reading…]
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by admin
on December 1, 2023
This month features some interesting Fourth Amendment cases, a few decisions on guns, as well as a successful challenge to a Wisconsin statute which prohibits the “harassment” of hunters.
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