On Point: 46. WI Court of Appeals

State v. K.G., 2015AP245, District 1, 10/27/15 (one-judge decision; ineligible for publication); case activity

K.G.’s stipulation to the failure-to-assume-parental-responsibility ground alleged in the TPR petition was valid even though K.G.’s later statements during the disposition hearing suggest he misunderstood what the state would have to prove to establish that ground for termination.

State v. B.A.H., 2015AP1256-FT, District 4, 10/22/15 (one-judge decision; ineligible for publication); case activity

While restitution is a possible disposition in a proceeding involving a juvenile in need of protection or services (JIPS), it can only be ordered when there has been a finding a finding the juvenile committed a delinquent act. Because there was no such finding in the JIPS case involving B.A.H., the juvenile court had no authority to order restitution.

Sauk County DHS v. A.C., 2015AP898 & 2015AP899, District 4, 10/22/15 (one-judge decision; ineligible for publication); case activity

A.C.’s trial lawyer was not ineffective for failing to take steps to exclude evidence about the termination of A.C.’s rights to a child in a prior case and about her parenting conduct toward that child and another child.

State v. Tabitha A. Scruggs, 2015 WI App 88, petition for review granted, 3/7/16, affirmed, 2017 WI 15; case activity (including briefs)

Addressing a question left open by State v. Radaj, 2015 WI App 50, 363 Wis. 2d 633, 866 N.W.2d 758, the court of appeals holds that the constitutional prohibition against ex post facto laws does not bar the mandatory imposition of a DNA surcharge for a single felony conviction based on conduct that was committed before the mandatory DNA surcharge requirement took effect.

State v. Courtney E. Sobonya, 2015 WI App 86; case activity (including briefs)

Sobonya launched a creative challenge to the denial of her §973.015 request for expungement.  The court had held that while she would benefit from expungement, society would be harmed by the reduced deterrent effect of her sentence.  So Sobonya moved for sentence modification based on an expert report showing that the public safety is best served by removing the barriers that convicted offenders face when trying to reintegrate into society.

X.J. v. G.G., 2015AP1549, District 3, 10/21/15 (one-judge decision; ineligible for publication); case activity

Under § 48.42(1), an adoptive parent may join the biological parent in a petition to terminate the parental rights of the other biological parent, and because joining the petition makes the adoptive parent a party, the adoptive parent is not subject to sequestration as a witness.

La Crosse County HSD v. C.J.T., 2015AP252, District 4, 10/16/15 (one-judge decision; ineligible for publication); case activity

The fact that the County’s attorney handling this TPR proceeding retained the GAL in the case to represent the her in an unrelated personal injury matter didn’t create a conflict of interest that required a new trial.

Winnebago County v. B.C., 2015AP1192-FT, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity

Applying Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607, the court of appeals holds the County proved B.C. was incompetent to refuse medication, § 51.61(1)(g)4.(intro.) and b., rejecting B.C.’s arguments that: 1) the record doesn’t document how and when he was advised of advantages, disadvantages, and alternatives to medication; and 2) the evidence doesn’t prove B.C. was incapable of making an informed choice about accepting or refusing medication.

City of Mequon v. Luke J. Chiarelli, 2015AP359, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity (including briefs)

There was reasonable suspicion to stop of Chiarell’s car based on two lane deviations during early morning hours and, based on observations the officer made after the stop, there was probable cause to arrest Chiarelli for OWI.

Democratic Party of Wisconsin v. Wisconsin Department of Justice, 2014AP2536-FT, District 4/2, 10/14/15 (summary disposition; ineligible for publication, reversed, 2016 WI 100; case activity (including memo briefs)

While this decision is not citable, even for persuasive value, see Rule 809.23(3)(b), On Point thought it newsworthy enough to bring to our readers’ attention. Here’s the genesis of the case: Before the November 2014 election, the Democratic Party filed an open records request for videos of two training presentations made by Brad Schimel, the DA running for Attorney General. The Department of Justice denied the request, but a circuit judge ordered the videos to be released. The court of appeals affirms that order.