by admin
on February 1, 2023
State v. Ayodeji J. Aderemi, 2023 WI App 8; case activity (including briefs)
This appeal concerns a problem many will encounter. An alleged attempt to e-file a document apparently failed. Here, the document was the State’s Information. Aderemi argued that the fumble caused the State to miss its filing deadline, so under §971.01(2) the circuit court had to dismiss the case without prejudice. In a split decision, recommended for publication, the majority (White and Brash) ruled for the State. The dissenter (Dugan) faults the majority for ignoring important parts of Wisconsin’s e-filing statute. He would reverse and remand for an evidentiary hearing. [continue reading…]
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by admin
on January 31, 2023
State v. James P. Killian, 2020AP2012, review of a published court of appeals decision granted 1/20/23; case activity
Issues presented (from state’s PFR):
Has the State exposed Killian to multiple prosecutions for the same offense in violation of double-jeopardy principles? [continue reading…]
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by admin
on January 30, 2023
Winnebago County v. D.J.S., 2022AP1281, District 2 (one-judge decision ineligible for publication), case activity
Accompanied by a familiar sounding caveat that “it certainly would have been better if the County had presented more evidence and the circuit court had been more detailed and specific in its oral determination,” the court of appeals rejects D.J.S.’s sufficiency of the evidence challenge to the extension of his Chapter 51 involuntary civil commitment. (Opinion, ¶8). [continue reading…]
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by admin
on January 27, 2023
N.D. v. E.S., 2022AP1084, District 2, 01/25/23 (one-judge decision; ineligible for publication); case activity
Nancy (N.D.) petitioned to terminate Ed’s (E.D.’s) parental rights on the grounds that he abandoned their daughter, Kim. See Wis. Stat. § 48.415(1). At trial, Ed asserted a “good cause” defense that Nancy prevented him from having contact with Kim, and in response, Nancy was allowed to testify that the reason for her interference was Ed’s “heroin use.” Despite the fact that Nancy had no personal knowledge of Ed’s suspected heroin use, the circuit court ruled, and the court of appeals agrees, that the fact that Ed admitted to being drug tested was sufficient foundation for Nancy’s testimony. As a result, Ed’s ineffective assistance of counsel claims related to this evidence fails. [continue reading…]
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by admin
on January 26, 2023
On January 25, 2023, the court of appeals ordered the publication of the following criminal-law related decision:
State v. Steven W. Bowers, 2023 WI App 4 (affirming suppression of evidence seized during warrantless search of defendant’s Dropbox account)
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by admin
on January 24, 2023
Brown County DHHS v. T.R., 2022AP1094, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity
In a TPR proceeding a motion for summary judgment may be filed any time before trial, as prescribed in § 48.297(1) and (2), and is not governed by the time limit for summary judgment motions prescribed in § 802.08(1).
[continue reading…]
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by admin
on January 24, 2023
Rusk County DHHS v. R.S., 2022AP1530, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity
R.S. (“Ruth”) argues that at the trial on the County’s petition to terminate her parental rights, the County Department of Health and Human Services didn’t prove it made reasonable efforts to provide the services ordered in the original CHIPS dispositional order. The court of appeals rejects the claim. [continue reading…]
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by admin
on January 24, 2023
Rock Count v. H.V., 2022AP1585-FT, 1/20/23, District 4; (1-judge opinion, ineligible for publication); case activity
This is an appeal from a ch. 51 recommitment under the 2nd standard– dangerousness to others. H.V.’s main argument was that the circuit court erroneously relied on hearsay to find that he is dangerous when not committed. The court of appeals disagreed and further found the county’s evidence sufficient to support the commitment. [continue reading…]
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