On Point blog, page 4 of 8
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.
Defense Win! Court properly dismissed juvenile case with prejudice due to State’s blown deadline
State v. M.D.B., Jr., 2023AP620, 2/6/24, District I (1-judge decision; ineligible for publication); case activity
The State’s efforts to revive this delinquency case on appeal fail, as they are unable to persuade COA that the circuit court erroneously exercised its discretion in dismissing the petition with prejudice for failure to comply with a statutory deadline.
COA rejects challenge to circuit court’s discretionary termination order
Sheboygan County DHHS v. J.L., 2023AP1884, 1/3/24, District 2 (one-judge decision; ineligible for publication); case activity
In yet another appeal of the circuit court’s discretionary decision to terminate a parent’s rights, COA easily rejects J.L.’s invitation to reweigh the evidence.
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 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.
COA upholds circuit court’s decision to exclude defendant’s proffered evidence regarding field sobriety tests at PAC trial
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.
COA rejects challenges to dispositional order in TPR case under well-settled standard of review
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.
COA affirms TPR dispositional order applying well-settled standard of review
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.
COA upholds order waiving juvenile into adult court based on finding that juvenile’s treatment needs currently being met just fine in less-restrictive placement
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.