On Point: L. Harmless Error

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.

State v. Kasey Ann Gomolla, 2022AP199-CR, 2/6/24, District 3 (recommended for publication); case activity

Even if the court of appeals had not recommended this decision for publication, Gomolla’s case seems destined for further review. While the facts here are somewhat distinguishable from State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64, Cross’ counter-intuitive holding, even with arguably “better” facts, seems to have hamstringed the court of appeals from acknowledging that a plea cannot be said to be “knowing, intelligent, and voluntary” if the defendant does not know the correct maximum penalty. If we had to guess, SCOW will soon be considering whether to reconsider, limit, or overrule Cross. 

State v. Troy Allen Shaw, 2023AP697, 1/24/24, District II (1-judge decision; ineligible for publication); case activity (including briefs)

Shaw’s challenge to improper closing argument persuades COA that the prosecutor erred, but fails to overcome the imposing tests for plain and harmless error.

State v. Antonio G. Ramirez, Jr., 2021AP1590, 11/15/23, District 2 (recommended for publication); case activity (including briefs)

There are some serious unresolved confrontation questions around statements alleged victims make in settings involving both medical treatment and criminal investigation: often, during a police-instigated physical examination after an alleged physical or sexual assault. Here, despite turning out a 52-page, recommended-for-publication opinion, the court of appeals fails meaningfully to address any.

City of Whitewater v. Douglas E. Kosch, 2022AP800, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs)

Although Kosch throws the kitchen sink at his OWI and refusal convictions, COA methodically works through his myriad challenges on a path toward affirmance.