On Point blog, page 11 of 117
COA rejects multiple challenges in TPR appeal
Dane County Department of Human Services v. J.K., 2023AP1946-47, 3/28/24, District IV (one-judge decision; ineligible for publication); case activity
In a TPR appeal presenting multiple issues, COA rejects all of J.K.’s arguments and affirms.
Court rejects usual attacks to 51 extension, medication order and affirms
Racine County v. C.B., 2023AP2018-FT, 3/20/24, District II (one-judge decision; ineligible for publication); case activity
In a factually-specific appeal of a recommitment order, COA rejects all of C.B.’s arguments and affirms.
Despite circuit court missteps, COA affirms TPR
Kenosha County DCFS v. J.M.C. III, 2023AP1382, 3/13/24, District 2 (one-judge decision; ineligible for publication); case activity
In affirming the termination of J.M.C.’s parental rights to his daughter, the court holds that (1) the circuit court did not erroneously exercise its discretion in denying J.M.C.’s request for a new attorney and (2) the circuit court’s failure to take testimony in support of J.M.C.’s no contest plea to grounds was harmless.
In a DJW loss, COA generates uncertainty about such claims
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.
COA rejects attempt to use plain error doctrine to challenge hearsay evidence in 51 appeal
Portage County v. D.P.W.O., 2023AP1975, 3/7/24, District IV (one-judge decision; ineligible for publication); case activity
In yet another appeal challenging the use of hearsay statements contained within an examiner’s report, COA rejects D.P.W.O.’s attempt to use the plain error doctrine to prove that this unpreserved error merits reversal of the extension order.
Defense Win! Yet another DJW reversal
Winnebago County v. T.S., 2023AP1267, 3/6/24, District II (one-judge decision; ineligible for publication); case activity
In yet another 51 appeal attacking the sufficiency of the circuit court’s findings, COA rejects the County’s arguments and reverses.
COA rejects challenges to finding of dangerousness, incompetency to refuse medication and upholds trial court’s decision to admit expert’s report at 51 hearing
Winnebago County v. C.J.H., 2023AP1263, 3/6/24, District II (one-judge decision; ineligible for publication); case activity
In a 51 appeal presenting several commonly litigated issues, COA finds no error and affirms.
Challenge to circuit court’s weighing of TPR factors fails
State v. S.N., 2023AP2366-67, 2/27/24, District I (one-judge decision; ineligible for publication); case activity
“Sally’s” challenge to the court’s discretionary termination order fails, as the circuit court’s order was supported by evidence in the record.
COA opts for defense-friendly reading of Marsy’s Law in published juvenile defense win!
State v. M.L.J.N.L., 2021AP1437, 2/28/24, District IV (recommended for publication); case activity
In one of our first published decisions to address the impact of Marsy’s Law, COA accepts the agreed-upon position of both parties that Marsy’s Law does not alter the framework for assessing requests for juvenile restitution under § 938.34(5)(a).
Judicial bias claim in TPR appeal rejected by COA
Kenosha County DC&FS v. R.M.F., 2023AP2156-157, 2/21/24, District II (one-judge decision; ineligible for publication); case activity
Given the difficult standard for proving judicial bias, COA concludes that R.M.F. has failed to show that the court’s remarks to jurors are a basis for reversing this TPR.