On Point: 1. Appeals

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.

Manitowoc County v. M.B., 2023AP163-164, 9/20/23, District II(one-judge decision; ineligible for publication); case activity

Applying a deferential standard of review, COA holds that the circuit court did not err when it ordered a parent to comply with an out-of-state psychosexual evaluation/assessment as a condition of return.

Winnebago County v. C.H., 2023AP505, 8/30/23, District 2 (one-judge decision; ineligible for publication); case activity

In this Ch. 51 appeal, COA swats aside familiar 51 arguments, expresses its frustration with a “flood” of Ch. 51 appeals and, with approving citation to a dissent from SCOW, hints that we may not have heard the last of the mootness doctrine in COA with respect to 51 appeals.

David Patton v. Circuit Court for Kenosha County, 2023AP809-FT & 2023AP810-FT, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs)

In an appeal displaying the extreme deference accorded to the circuit court’s contempt finding, COA defers to the circuit court’s decision to order a $100 contempt sanction against a lawyer in a CHIPS matter.

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.

State v. B.W., 2022AP1329, District I, 9/12/23, PFR granted 12/11/23; affirmed 6/27/2024; (1-judge decision; ineligible for publication); case activity (briefs not available)

In yet another TPR appeal presenting an alleged miscommunication of the dispositional burden of proof, COA’s close read of the record evidence prevents B.W. from obtaining a requested hearing.

State v. Jeffrey S. Clemons, 2020AP1450-CR, 9/6/23, District III (one-judge decision; ineligible for publication); case activity (briefs not available).

Applying an almost-insurmountable standard of review, COA concludes there was sufficient evidence to support the circuit court’s finding that Clemons violated an obstructing ordinance.

Brown County D.H.S. v. A.K., 2023AP730, 9/6/23, District III (one-judge decision; ineligible for publication); case activity (briefs not available).

A.K. concedes that the circuit court properly exercised its discretion at this dispositional hearing, but argues that the order must still be reversed as there was no direct evidence from the proposed adoptive resource. COA rejects that argument and affirms.