On Point blog, page 3 of 6
Lack of developed argument as to why “direct evidence” from foster parents should be required at a TPR dispositional hearing dooms appeal
Dane County DHS v. S.M., 2023AP607, 6/8/23, District 4 (one-judge decision; ineligible for publication); case activity (briefs not available).
In an appeal challenging the circuit court’s decision to terminate S.M.’s parental rights, the court of appeals concludes the court did not need to receive “direct evidence” from the proposed adoptive parents before exercising its discretion and entering a termination order.
COA overlooks procedural bar, State’s failure to file to a response brief; affirms based on well-settled plea withdrawal case law
State v. William J. Buffo, 2022AP1803-4-CR, District IV, 7/13/23, 1-judge decision ineligible for publication; case activity (briefs available)
In another messy pro se appeal, COA overlooks the State’s failure to file a response brief and affirms the circuit court’s “evidently correct” decision.
Parent’s challenges to TPR order affirmed under deferential standard of review
State v. M.H., 2023AP732, District I, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available)
M.H. raises two challenges to a circuit court order terminating her parental rights. Under an exceedingly deferential standard of review, both claims fail.
SCOW will address whether prosecutor cured plea agreement breach by restating correct sentencing recommendation
State v. Robert K. Nietzold, Sr., 2021AP21-CR, petition for review of an unpublished court of appeals decision granted 4/13/22; case activity (including briefs and PFR)
Issue presented (composed by On Point based on the state’s PFR)
Was the state’s breach of its plea agreement with Nietzold remedied by the prosecutor’s withdrawal of the erroneous recommendation and restatement of the correct recommendation?
Officer had probable cause for OWI arrest based on circumstantial evidence
State v. Brandon Daniel Mulvenna, 201AP2341-CR, 7/9/20, District 4 , (1-judge opinion, ineligible for publication); case activity (including briefs)
Mulvenna wasn’t operating his motorcycle when an officer, responding to a call, arrived to find him trying to lift it while it was facing south on a northbound only roadway. Mulvenna had bloodshot eyes and slurred speech and smelled of alcohol. He refused field sobriety tests, so the officer cuffed him and placed him in the back of his squad car. The sole issue is whether the officer had probable cause for the arrest. The court of appeals answered “yes,” and noted some appellate rules violations.
SCOW to review admission of video statements by children and the forfeiture doctrine
State v. Angel Mercado, 2018AP2419-CR, petition for review of a published decision granted 5/19/20; reversed 1/20/21; case activity
Issues (from the State’s petition for review):
1. Did the court of appeals contravene §901.03(1)(a) when it directly reviewed Mercado’s forfeited challenges to the admission of the victims’ forensic interview videos into evidence?
2. Did the circuit court court properly admit the victims’ forensic interview videos into evidence at trial?
Challenges to termination of parental rights are forfeited or meritless
Iron County DHS v. N.H.-D., 2019AP1520, District 3, 2/12/20 (one-judge decision; ineligible for publication); case activity
N.H.-D.’s claims that the termination of her parental rights violated various due process rights, but those claims are forfeited and undeveloped. Her claim of ineffective assistance of trial counsel is meritless.
Court of appeals finds factual basis for plea to contempt
State v. Kody K. Johnson, 2019AP1058-CR, District 4, 1/9/19, (1-judge opinion, ineligible for publication); case activity (including briefs)
Johnson accepted a negotiated disposition of 3 contempt charges stemming from his interference with child custody. He then moved to withdraw his plea arguing that the charges had no factual basis and were multiplicitous.
Defense win! COA says no community caretaker search where no good reason to think anybody was hurt
State v. Troy K. Kettlewell, 2018AP926, 9/18/2019, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
This is a very fact-intensive OWI case and the court is to be commended for really critically examining what all these facts add up to: not much. As in, not much reason to think Kettlewell was in any danger, so no good reason to go into his house without a warrant.
COA upholds admission of prior confrontations with police in disorderly conduct trial
State v. Eric L. Vanremortel, 2018AP417, 9/4/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
Vanremortel was charged with disorderly conduct for an incident in which he followed the wife of a retired police officer in her car, then repeatedly got out of his own car and shouted at her. The state sought to admit evidence of three prior incidents involving Vanremortel following and/or shouting at police officers, including one that happened a few weeks before the charged conduct and involved the wife’s retired-officer husband. The circuit court admitted the evidence, finding it satisfied the test of State v. Sullivan, 216 Wis. 2d 768, 576 N.W.2d 30 (1998), and Vanremortel appeals.