Jun 22, 20232 min read
SCOW assumes right to confrontation was violated, but holds the error was harmless
State v. Garland Dean Barnes, 2023 WI 45, 6/6/2023, affirming a per curiam court of appeals decision, case activity (including briefs)...
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Jun 21, 20232 min read
Evidence sufficient to establish grounds for TPR, and court exercised discretion ordering termina...
Barron County DH & HS v. J.W., 2023AP60, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity J.W....
Jun 21, 20232 min read
Admission of other-acts evidence at TPR grounds trial was harmless
Barron County DH & HS v. Q.B., 2023AP37, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity At the trial...
Jun 21, 20232 min read
Circuit court properly exercised discretion in terminating parental rights despite mother's progr...
Brown County DH & HS v. T.H., 2022AP2168, 2022AP2169, 2022AP2170, & 2022AP2171, District 3, 6/13/23 (one-judge decision; ineligible for...
Jun 19, 20234 min read
Testimony that 99% of sexual assault reports are true improperly vouched for complainant's credib...
State v. Conrad M. Mader, 2022AP382-CR, District 2, 6/7/23 (recommended for publication); case activity (including briefs) Mader was...
Jun 19, 20232 min read
Evidence sufficient to support finding of dangerousness under s. 51.20
Winnebago County v. T.G., 2022AP2078, District 2, 6/14/23 (one-judge decision; ineligible for publication); case activity At the final...
Jun 19, 20231 min read
Parent's attack on TPR order rejected
Winnebago County DHS v. B.K.V., 2023AP310, District 2, 6/7/23 (one-judge decision; ineligible for publication); case activity B.K.V....
Jun 16, 20234 min read
Defense Win! SCOW applies Floyd, reverses COA, reinstates grant of 433 days sentence credit
The key takeaway here is that five justices reaffirm and apply State v. Floyd, 2000 WI 14, 232 Wis. 2d 767, 606 N.W.2d 155, and hold...
Jun 13, 20233 min read
Defense Win! Missing one pre-trial TPR hearing not sufficient basis for default judgment
Kenosha County Division of Child and Family Services v. D.R.-R., 2022AP1812, 06/01/23, District 2 (1-judge opinion, ineligible for...
Jun 10, 20232 min read
SCOW decides not to decide rules for involuntary medication to competency
State v. Wilson P. Anderson, 2023 WI 44, 6/2/23, summarily reversing an unpublished court of appeals decision; 2020AP819; case activity...
Jun 7, 20233 min read
Officer's testimony about ZAP STICK merely "expositional," not subject to 907.02(1)'s heightened ...
State v. Danny Arthur Wright, 2021AP1252-CR, District 3, 05/16/23 (not recommended for publication); case activity (including briefs)...
Jun 7, 20232 min read
Juror who admitted to being "friends back in the day" with alleged victim not objectively biased
In State v. Lindell, 2001 WI 108, ¶¶42-43, 245 Wis. 2d 689, 629 N.W.2d 223, the court held a prospective juror to be objectively biased...
Jun 6, 20233 min read
Defense win! TPR court lost competency by holding dispo hearing immediately after default and wai...
State v. R.A.M., 2023AP441, 6/6/23, District 1 (one-judge decision; ineligible for publication) case activity R.A.M. was defaulted on...
Jun 4, 20233 min read
Photo array was not impermissibly suggestive
State v. Brandon B. Smiley, 2022AP1522-CR, District 4, 6/2/23 (one-judge decision; ineligible for publication); case activity (including...
Jun 4, 20232 min read
Termination of parental rights affirmed despite some missteps
K.D.K. challenged an order terminating his parental rights to C.A.K. on 3 grounds: (1) the judge was not properly assigned to preside...
May 31, 20231 min read
May 2023 publication list
On May 31, 2023, the court of appeals ordered publication of the following criminal law related decisions: State v. Rasheem D. Davis,...
May 30, 20233 min read
Defense win! Multiple convictions in same case on same date don't require lifetime sex offender r...
State v. Corey T. Rector, 2023 WI 41, 5/23/23 affirming a case certified by the court of appeals, 2020AP1213; case activity (including...
May 29, 20231 min read
That ChatBot AI thingee might not make your job easier (or take it away completely) after all....
A word to the wise: When you have ChatGPT write a brief for you, and in response to your query it tells you that the cases it is citing...
May 29, 20232 min read
Police had probable cause to search car, so didn't unlawfully extend stop to wait for drug dog
State v. Warner E. Solomon, 2022AP634-CR, District 2, 5/24/23 (not recommended for publication); case activity (including briefs) The...
May 28, 20233 min read
Defense win: year-long wait for initial appearance requires dismissal w/o prejudice
State v. Christopher S. Butler, 2021AP177, 5/9/23, District 3 (not recommended for publication); case activity (including briefs) The...
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