On Point blog, page 8 of 49
Defense Win! COA issues must-read decision outlining law regarding “vouching” in child sexual assault prosecutions
State v. Jobert L. Molde, 2021AP1346-CR, 5/21/24, District III (not recommended for publication);petition for review granted case activity
Although this defense win is unpublished and therefore nonprecedential, COA’s analysis and synthesis of the law regarding this commonly litigated issue is an important read for litigators considering such claims.
Advice to admit to “reasonable effort” not structural or prejudicial error in TPR trial
Kenosha County DC&FS v. M.A.C., 2023AP2068 & 2069, 5/14/24, District II (one-judge decision; ineligible for publication); case activity
M.A.C. (“Molly”) challenges the circuit court’s decision to deny her postdisposition motion without a hearing. The court of appeals affirms because it says Molly can’t establish she was prejudiced by her trial attorney’s advice that she admit the county made a “reasonable effort” to provide services ordered by the CHIPS court.
A trio of defense wins: Circuit court properly exercised discretion in ruling on motions for DPA in juvenile cases
State v. J.A.N., 2023AP1108, 5/14/24, District I (1-judge decision; ineligible for publication); case activity
State v. Z.D.S., 2023AP1109, 5/14/24, District I (1-judge decision; ineligible for publication); case activity
State v. S.R., 2023AP1110, 5/14/24, District I (1-judge decision; ineligible for publication); case activity
In a series of appeals seemingly aimed at the discretionary decisions of an individual circuit court judge, COA affirms the circuit court’s decision to dismiss and refer these juvenile prosecutions for a DPA under a well-settled standard of review.
Juvenile wins new hearing on whether stay of sex offender registration should be lifted; loses on judicial bias claim
State v. L.R.J., 2023AP1902, 5/8/24, District II (one-judge decision; ineligible for publication); case activity
“Lincoln” succeeds on his claim related to sex offender registration due to the State’s concession but fails to rebut the presumption that the court acted impartially when revoking a stayed Serious Juvenile Offender (SJO) order.
In big defense win, COA holds that 46 month delay was a violation of defendant’s constitutional right to a speedy trial
State v. Luis A. Ramirez, 2022AP959-CR, 4/25/24, District IV (recommended for publication); petition for review granted 10/7/24, reversed 6/27/25 case activity
In a must-read defense win, COA holds that the State’s “cavalier disregard” for Ramirez’s speedy trial rights entitle him to dismissal of the underlying complaint.
COA holds parent failed to establish deficient performance in TPR appeal alleging IAC
Kenosha County DC&FS v. M.A.M., 2023AP1643-45, 4/24/24, District II (one-judge decision; ineligible for publication); case activity
In a case demonstrating the difficult hurdles litigants must clear in order to prove deficient performance, COA affirms an underlying order terminating “Mary’s” parental rights.
Fact-dependent attack on discretionary TPR order fails under extremely forgiving standard of review
Winnebago County Department of Human Services v. C.R.Q., II,, 2024AP81, 4/17/24, District II (one-judge decision; ineligible for publication); case activity
In a fact-dependent TPR appeal, “Craig” attacks the circuit court’s discretionary ruling on multiple fronts but fails due to the imposing standard of review.
Lit cigarette, red eyes, thick speech and speeding sufficient to establish reasonable suspicion of OWI
State v. Iain A. Johnson, 2022AP389-CR, 4/2/24, District III (1-judge decision, ineligible for publication); case activity
Although COA concedes this is a “close case,” it nevertheless concludes that the evidence satisfies the relatively low burden for reasonable suspicion to extend a traffic stop.
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.
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.