On Point: 1. Appeals

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.

State v. Batterman, 2022AP181, 11/28/23, District III (ineligible for publication); case activity

Given the discretionary standard of review used to assess a circuit court’s evidentiary rulings, COA wastes no time in upholding the court’s order excluding evidence the defendant did well on some field sobriety tests at a second offense PAC trial.

State v. J.A.J., 2022AP2066, 11/14/23, District I (ineligible for publication); case activity

In a noteworthy juvenile appeal, COA rejects a novel argument highlighting the dysfunctional nature of our juvenile justice system as caused by the “closure” of Lincoln Hills.

State v. Michele M. Ford, 2022AP187 & 2022AP188, 10/31/23, District I (one-judge decision; ineligible for publication); case activity

The takeaway from this procedurally convoluted case is that Ford succeeds in her appeal from an order finding her incompetent to stand trial in two misdemeanor cases. Specifically, the court reverses and remands for a “nunc pro tunc” competency hearing at which the circuit court will have to determine whether Ford was competent to proceed without relying on trial counsel’s statements to the evaluator, which the court holds violated the attorney-client privilege and amounted to ineffective assistance of counsel. (Op., ¶26).

Chippewa County Department of Human Services v. T.M.J., 2023AP463 & 2023AP464, 10/24/23, District III (one-judge decision; ineligible for publication); case activity

In another fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 2 children.

Attorney Thomas L. Potter v. Circuit Court for Milwaukee County, the Honorable Kori Ashley, Presiding, 2022AP1396-CR, 10/17/23, District I (not eligible for publication); case activity

Although the prosecutor in this case may have conceptualized his decision to defy a court order as an act of civil disobedience necessary to preserve a challenge for appeal, COA disagrees and therefore affirms the circuit court’s order finding him in contempt.

State v. S.A., 2023AP1288-1292, 10/10/23, District I (one-judge decision; ineligible for publication); case activity

In a fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 5 children.

State v. Marqus G. Phillips, 2023AP450, 10/4/23, District 2 (one-judge decision, ineligible for publication); case activity (including briefs)

That the Constitution does not guarantee an “error-free trial” is an unnecessary response to a straw man when a defendant seeks a new trial after it is discovered that the second of two state’s witnesses was found to have violated the circuit court’s witness sequestration order. It’s also an easy out where the circuit court’s lack of prejudice determination in denying a mistrial claim is reviewed under the “clearly erroneous” standard of review.

State v. T.H., Jr., 2023AP285, 10/3/23, District III (one-judge decision; ineligible for publication); case activity

In yet another juvenile waiver appeal demonstrating the power of the discretionary standard of review, COA affirms the circuit court’s order despite the potential internal inconsistencies of that ruling.

State v. Aaron L. Jacobs, 2022AP658-659, 2022AP661-663, 9/19/23, District 3 (recommended for publication); case activity (including briefs)

The key takeaway from this soon to be published court of appeals decision may seem obvious and inarguable, but as we’ll see below, the state pursued and the circuit court blessed what would have been a massive expansion of the most commonly charged crime in the state of Wisconsin: bail jumping.