On Point blog, page 14 of 117
Circuit court reasonably ordered defendant to refrain from owning a business or working as a general contractor while on probation
State v. Theodore J. Polczynski, 2023AP900, 1/3/24, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
COA upholds the circuit court’s order barring Polczynski from owning a business or operating as a general contractor as conditions of probation by finding they are reasonable and appropriate under the facts of this case.
COA rejects pro se challenges to OWI conviction as procedurally barred, imposes sanctions for abuse of appellate process
State v. Robert E. Hammersley, 2022AP263, 1/4/24, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
This pro se appeal fails due to the well-settled application of a procedural bar against successive litigation.
COA rejects novel plea withdrawal claim in TPR; finds evidence sufficient dad didn’t comply with CHIPS conditions
State v. D.K., 2023AP292-293, 1/3/24, District I (one-judge decision; ineligible for publication); case activity
Despite a novel challenge as to the integrity of his plea, COA rejects “Daniel’s” arguments and affirms in this TPR appeal.
COA rejects important competency challenge in protective placement appeal as a result of litigant’s failure to object below
Douglas County v. M.L, 2022AP141, 12/28/23, District III (one-judge decision; ineligible for publication); case activity
Faced with a challenge to the circuit court’s competency in this protective placement appeal, COA holds that the appellant has forfeited his challenge and therefore affirms.
COA rejects challenges to CHIPS permanency orders due to pro se litigants failure to adequately litigate appeal
Manitowoc County HSD v. K.R., 2022AP1975-78, 12/27/23, District II (one-judge decision; ineligible for publication); case activity
Presented with a confusing pro se attack on permanency orders entered in these underlying CHIPS cases, COA affirms largely because it cannot ascertain the nature of the appellant’s challenge.
COA rejects constitutional challenge to legislature’s inclusion of non-impairing metabolite as restricted controlled substance
State v. Dustin J. VanderGalien, 2023AP890-CR, 12/29/23, District 4 (recommended for publication); case activity
VanderGalien pled no contest to three counts stemming from a fatal motor vehicle crash after a non-impairing cocaine metabolite (benzoylecgonine or “BE”) was detected in his blood hours after the incident. The court of appeals rejects his facial challenge to the statute, Wis. Stat. § 340.01(50m)(c), which includes BE as a restricted controlled substance under the motor vehicle code. The court of appeals explains that “the inclusion of cocaine or any of its metabolites in the definition of a restricted controlled substance for purposes of prosecution under the Wisconsin motor vehicle code bears a rational relationship to the purpose or objective of the statutory scheme,” which is to combat drugged driving. Op., ¶30.
COA reverses in another D.J.W. win for failure to make specific factual findings
Winnebago County v. A.P.D., 2023AP863, 12/13/23, District II (one-judge decision; ineligible for publication); case activity
In yet another defense win reliant on Langlade County v. D.J.W., COA holds that the circuit court failed to make adequate findings in this Chapter 51 appeal.
COA rejects argument that margin of error undermined sufficiency of evidence for PAC conviction
Columbia County v. Carter Ray Smits, 2023AP241, 12/7/23, District IV (one-judge decision; ineligible for publication); case activity
Despite the analyst’s testimony that, given the margin of error for the lab result, it was “equally likely” Smits was under as opposed to over the legal limit, COA affirms.
COA rejects sufficiency and erroneous exercise of discretion challenges in TPR appeal
State v. M.E.E., 2023AP1510, 11/28/23, District I (one-judge decision; ineligible for publication); case activity
In a dense and fact-dependent opinion, COA affirms under well-settled standards of review.
COA rejects kitchen sink approach in appeal of multi-child TPR
State v. T.J., 2023AP1239-1242, 11/28/23, District I (one-judge decision; ineligible for publication); case activity
Despite a battery of legal challenges, COA swiftly and efficiently marches toward affirmance in this TPR appeal.