On Point: L. Harmless Error

State v. Derek J. Jarvi 2023AP2136-CR, 6/12/25, District IV (not recommended for publication); case activity

Despite the State’s efforts to overturn Jarvi’s postconviction win of a new trial, the court of appeals rejects the State’s evidentiary arguments and holds that it failed to prove harmless error in this case.

State v. Catherine E. Edwards, 2023AP1042-CR, 3/6/25, District IV (not recommended for publication); case activity

Edwards’s appeal focuses on the definition of “lewd exhibition of intimate parts” and the state’s closing arguments as to child pornography. COA rejects Edwards’s arguments on appeal and affirms her convictions for possession of child pornography.

State v. A.M.N., 2024AP440-CR, 3/4/25, District III (1-judge decision, ineligible for publication); case activity

While the State concedes that A.M.N.’s statutory right to appear in person for a competency hearing was violated, COA finds the error harmless and affirms.

State v. K.R.W., 2024AP1210, 2/19/25, District II (one-judge decision; ineligible for publication); case activity

Although COA does not address K.R.W.’s broader constitutional argument, it holds that suppression is warranted given the State’s violation of a statute requiring an intake worker to warn a juvenile of his right to counsel and right against self-incrimination before taking that juvenile’s statement.

Racine County v. C.D.B., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); case activity

In “Banks’s” most recent appeal, he once again challenges the sufficiency of the evidence pertaining to his extension and medication orders. Like his last appeal, however, those arguments go nowhere.

Sheboygan County DH&HS v. A.W., Sr., 2024AP907, District II, 10/30/24 (one-judge decision; ineligible for publication); case activity

The COA rejects A.W., Sr.’s claims that the circuit court failed to take testimony to support the finding of unfitness when he pled no contest to grounds, and that the court’s decision to terminate his parental rights at disposition was an erroneous exercise of discretion.

State v. K.R.C., 2023AP2102, 10/30/24, District II (1-judge decision, ineligible for publication); case activity

In a “close” suppression appeal, COA confronts a fact pattern arising from the intersection between policing and school discipline, finds that a reasonable 12-year old would have felt free to walk away from interviews with law enforcement and school authorities on school grounds, and finds the repeated injection of inadmissible evidence at the court trial harmless.

A.K.B. v. J.J.G., 2024AP1116, 10/9/24, District II (one-judge decision; ineligible for publication); case activity

“Jay” appeals from orders terminating his parental rights and denying his postdisposition motion, arguing the circuit court erroneously exercised its discretion when it terminated his parental rights under the voluntary termination statute, Wis. Stat. § 48.41, rather than applying the hearing procedure for involuntary terminations as set forth in § 48.422. The COA affirms.

Waukesha County v. G.M.M., 2023AP1359, 3/13/24, District II (one-judge decision; ineligible for publication); case activity

In an appeal presenting a straightforward D.J.W. claim, COA affirms while also giving credence to harmless error arguments.

Deshawn Harold Jewell v. Gary Boughton, No. 22-3082, 1/22/24

Despite an obvious constitutional violation, Jewell is still precluded from obtaining a new trial given that Wisconsin courts did not unreasonably find the error harmless.