On Point blog, page 2 of 11
COA rejects challenges to 51 commitment, involuntary medication orders
Brown County v. L.M.R., 2023AP2314, District III, 8/6/24 (one-judge decision; ineligible for publication); case activity
COA rejects all of L.M.R.’s challenges raising commonly-litigated appellate issues and affirms in this Chapter 51 case given some less-than favorable facts.
In published decision, COA holds that CR-215 procedure triggers attachment of right to counsel but denies relief given that law was “unsettled”
State v. Percy Antione Robinson, 2020AP1728-CR, 8/6/24, District I (recommended for publication); case activity
In a published decision that criminal practitioners have been waiting on for years, COA holds that a CR-215 probable cause procedure used to satisfy the requirements of Riverside triggers the attachment of the Sixth Amendment right to counsel.
Speeding motorist’s attempt to undo conviction in COA fails under governing standard of review
Winnebago County v. Thomas J. Roberts, 2023AP1808, District II, 6/12/24 (one-judge decision; ineligible for publication); case activity
In a rare appeal of a conviction for speeding, COA easily dispatches Roberts’s arguments given the deferential standard of review for findings of fact.
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.
State adequately proved that bar parking lot was a “premises held out to the public for use of their motor vehicles”
State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity
Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute.
Sufficient inferential evidence of impaired driving supported OWI conviction
City of Watertown v. Andrew D. Wiest, 2023AP992, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity
Although Wiest faults the City for failing to prove that he operated his motor vehicle while intoxicated, COA is satisfied there was sufficient circumstantial proof and affirms.
COA affirms 51 extension order in fact-intensive opinion
Winnebago County v. D.S., 2023AP1484, 1/24/24, District II (one-judge decision; ineligible for publication); case activity
In a fact-dependent appeal, COA holds that the evidence was sufficient and the trial court’s findings adequate to uphold this 51 extension order.
COA rejects challenges to sufficiency of evidence for 51 extension, involuntary med order
Winnebago County v. T.M.G., 2023AP681, 1/24/24, District II (one-judge decision; ineligible for publication); case activity
Despite T.M.G.’s challenges, COA affirms this extension and related medication order applying what it believes to be well-settled precedent.
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.