On Point blog, page 3 of 11
COA reverses in another D.J.W. win for failure to make specific factual findings
Winnebago County v. A.P.D., 2023AP863, 12/13/23, District II (one-judge decision; ineligible for publication); case activity
In yet another defense win reliant on Langlade County v. D.J.W., COA holds that the circuit court failed to make adequate findings in this Chapter 51 appeal.
COA rejects argument that margin of error undermined sufficiency of evidence for PAC conviction
Columbia County v. Carter Ray Smits, 2023AP241, 12/7/23, District IV (one-judge decision; ineligible for publication); case activity
Despite the analyst’s testimony that, given the margin of error for the lab result, it was “equally likely” Smits was under as opposed to over the legal limit, COA affirms.
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 affirms initial commitment order; expresses critical thoughts as to “flood” of 51 appeals and hints at a renewed willingness to find at least some appeals moot
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.
COA: Lying to police investigating claimed restraining order violation is sufficient evidence of obstructing
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.
COA affirms conviction that results in LWOP sentence
State v. Alvin James Jemison, Jr., 2021AP2207-CR, 7/18/23, District 1 (not recommended for publication); case activity (including briefs)
After a jury trial, Jemison was convicted of second-degree sexual assault of an unconscious person (Teresa) as a repeater – serious sex crime and sentenced to life in prison without the possibility of release to extended supervision. See Wis. Stat. § 939.618(2)(b). After the circuit court denied his postconviction motion without a Machner hearing, Jemison raised three claims on appeal: (1) the evidence was insufficient to support the completed sexual intercourse charge, (2) the court erred in its admission of other acts evidence, and (3) the court erroneously denied his claims without an evidentiary hearing. The court of appeals rejects each of Jemison’s claims and affirms.
COA affirms extension of involuntary mental commitment order, order for involuntary medication, entered in absentia based on its understanding of binding precedent
Waukesha County v. M.A.C., 2023AP533, District II, 7/28/23, petition for review granted 12/12/23; reversed 7/5/24; 1-judge decision ineligible for publication; case activity (briefs not available)
In a Chapter 51 case with troubling due process implications, COA is compelled to affirm by virtue of what it believes to be binding precedent.
Circuit court didn’t lose jurisdiction by dismissing charges and then quickly reinstating them
State v. Rasheem D. Davis, 2023 WI App 25; case activity (including briefs)
Addressing an issue of first impression in Wisconsin, the court of appeals holds that the circuit court’s order dismissing charges against Davis that was rescinded minutes later didn’t deprive the court of subject matter jurisdiction.
Defendant’s rights to discovery, confrontation not violated
State v. Kevin Lee Wilke, 2020AP1068-CR, District 3, 8/2/22 (one-judge decision; ineligible for publication); case activity (including briefs)
The court of appeals rejects Wilke’s arguments for a new trial and his challenge to the sufficiency of the evidence.