State v. Ryan L. Bessert, 2021AP1062-CR, District 3, 5/3/22 (not recommended for publication); case activity (including briefs)
The circuit court properly applied § 972.11(2m)(a) under the circumstances of this case when allowing the complaining child witness to testify via closed circuit television, so Bessert’s right to confrontation was not violated. In addition, assuming without deciding that Bessert’s right to a public trial was violated because the courthouse doors were locked when the circuit court issued its verdict, the court employed an appropriate remedy for the constitutional violation by timely re-announcing the verdicts in open court. [continue reading…]
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State v. Eric Trygve Kothbauer, 2020AP1406-CR, District 3, 5/3/22 (one-judge decision; ineligible for publication); case activity (including briefs)
Kothbauer challenges his trial lawyer’s representation in a prosecution for operating while intoxicated and with a prohibited alcohol concentration. The court of appeals holds trial counsel wasn’t deficient or, even if he was, the deficiency wasn’t prejudicial. [continue reading…]
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Milwaukee County v. A.J.G., 2021AP1338, 5/3/22, District 1, (1-judge opinion, ineligible for publication); case activity
When a circuit court orders a ch. 51 recommitment, it must specify which standard of dangerousness the patient will satisfy if treatment is withdrawn. Langlade County. v. D.J.W., 2020 WI 41, ¶40, 391 Wis. 2d 231, 941 N.W.2d 277. This case holds that a circuit court must also specify the standard of dangerousness that the patient meets when ordering an initial commitment. [continue reading…]
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State v. A.A., 2022AP311, 5/3/22. District 1 (1-judge opinion, ineligible for publication); case activity
T.W. was born at 26 weeks with a host of serious medical problems. At discharge, he needed 24-hour care. T.W. couldn’t meet those needs because she had her own challenges. She pled “no contest” to continuing CHIPS during the grounds phase of her TPR case. When the court terminated her rights to T.W., she appealed arguing that it had weighed the evidence incorrectly. [continue reading…]
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State v. Evan J. Schnoll, 2021AP1119-CR, 4/28/22; District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)
In 2020, Schnoll was charged with OWI 2nd. He challenged the validity of his prior OWI, which occurred in California, arguing that it could not be counted under Wisconsin law. The circuit court rejected his argument and counted the California conviction. The court of appeals granted Schnoll’s petition for leave to appeal but now affirms the circuit court. [continue reading…]
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Manitowoc County v. K.H., 2020AP2150 and Manitowoc County v. K.R., 2021AP90-93; 4/27/22; District 2 (1-judge opinion, ineligible for publication); case activity
K.R. appealed a December 2020 order instituting permanency plans for his 4 children. His mother also appealed one of the permanency plans. They claimed that they were denied their due process right to meaningful participation in the plan review hearing. The court of appeals gives no specifics. Instead, it holds that because the permanency plans are no longer in effect, the appeal is moot. K.H. did not develop an argument for why the issue would recur and evade review. And she didn’t argue that the issue was of great public importance, until her reply brief.
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by admin
on April 29, 2022
State v. Joseph M. Marks, 2022 WI App 20; case activity (including briefs)
Given the facts in this case, the court of appeals rejects the defendant’s claim that an audiovisual recording of a child’s statement was inadmissible under § 908.08 because investigators merged a separate audio file of the interview with the video to correct a problem with the original audio. [continue reading…]
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by admin
on April 28, 2022
On April 28, 2022, the court of appeals ordered publication of the following criminal law related decisions: [continue reading…]
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