On Point: 46. WI Court of Appeals

State v. Ashley Jean Campbell, 2020AP1813, 3/5/24, District 3 (recommended for publication); case activity

As a matter of first impression in Wisconsin, the court of appeals holds that regardless of whether the “instinct exception” exists, “the exception does not apply under the facts in this case to excuse the State’s obligation to obtain a warrant prior to searching Campbell’s vehicle.” Op., ¶5.  More specifically, the court concludes that the canine “did not instinctively enter Campbell’s vehicle because the officer had full control of the canine and implicitly encouraged it to enter through the driver’s side door.” As a result, the court reverses Campbell’s judgment of conviction and remands with directions to grant her motion to suppress.

State v. I.A.A., 2023AP1723-24, 2/28/24, District 2 (one-judge decision; ineligible for publication); case activity

Long story short, the court of appeals affirms the orders terminating I.A.A.’s (“Ivy’s”) parental rights despite the circuit court’s admitted failure to comply with Wis. Stat. § 48.422(3)’s mandate to take testimony related to grounds at Ivy’s no contest plea hearing. Because the court was able to “tease out” all the necessary elements to grounds from “other witnesses at other hearings,” the court concludes that Ivy was not prejudiced and that the error was harmless. Op., ¶33.

So far this year, the Wisconsin Court of Appeals has published one criminal law related decision. Here are the publication orders for January and February 2024. The lone published decision is in State v. Dustin J. VanderGalien, 2024 WI App 4 (rejecting a constitutional challenge to the criminalization of driving with a detectable non-impairing cocaine metabolite).

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.

State v. M.L.J.N.L., 2021AP1437, 2/28/24, District IV (recommended for publication); case activity

In one of our first published decisions to address the impact of Marsy’s Law, COA accepts the agreed-upon position of both parties that Marsy’s Law does not alter the framework for assessing requests for juvenile restitution under § 938.34(5)(a). 

Winnebago County v. B.R.C., 2023AP1842, 2/14/24, District 2 (one-judge decision; ineligible for publication); case activity

In quite the head-scratcher, the court of appeals rejects a D.J.W. “specific factual findings” claim while acknowledging that such claims “are multiplying and it is clear that all sides could benefit from clarity on the point.” (Emphasis added). The court then proceeds to offer a step-by-step guide guide for circuit courts to make D.J.W. findings that will be “less likely to be overturned on appeal.” While the circuit court’s findings at issue don’t come close to any such model of clarity, the court holds that they were “sufficient” to allow the court conduct a “meaningful review of the trial court’s exercise of discretion and the evidence presented at the hearing.” Op., ¶21. 

Manitowoc County HSD v. B.M.T., 2022AP2079 & 2023AP904, 2/21/24, District 2 (one-judge decision; ineligible for publication); case activity

In this consolidated appeal from successive orders extending B.M.T.’s civil commitment, the court of appeals rejects B.M.T.’s claim that the circuit court lacked competency to enter the 2022 order, but agrees that the circuit court failed to comply with D.J.W.’s requirement “to make specific factual findings with reference to the subdivision paragraph of § 51.20(1)(a)2. on which the recommitment is based.” As a result, the court “must” reverse the 2023 commitment order and the corresponding order for involuntary medication. Op., ¶30.

State v. M.M., 2023AP2093-2100, 2/22/24, District 1 (one-judge decision; ineligible for publication); case activity

Challenges to circuit court disposition orders are almost never successful. This case is no exception. M.M. (“Melissa”) argued that the circuit court erroneously exercised its discretion when it determined that terminating her parental rights to her eight children was in the best interests of the children. The court of appeals disagrees and affirms.

Kenosha County DC&FS v. R.M.F., 2023AP2156-157, 2/21/24, District II (one-judge decision; ineligible for publication); case activity

Given the difficult standard for proving judicial bias, COA concludes that R.M.F. has failed to show that the court’s remarks to jurors are a basis for reversing this TPR.

Artillis Mitchell v. Chris S. Buesgen & Kevin A. Carr, 2022AP1076, 2/22/24, District 4 (recommended for publication); case activity

This case concerns Mitchell’s appeal from the circuit court’s order dismissing his petition for a writ of certiorari. We recognize the case is a bit outside of our normal coverage, but in addition to the fact that D4 has recommended this decision for publication, the case presents an interesting, if somewhat technical, application of law to a factual scenario that is likely of some interest to our readers. The bottom line is that the denial of Mitchell’s petition is affirmed, despite the fact that he indisputably filed proof that he fully exhausted all available administrative remedies, because he failed to file “all documents related to the administrative process.” Op., ¶33-34.