On Point blog, page 34 of 485
Circuit court did not erroneously exercise its discretion in denying criminal defendant access to juvenile records
Manitowoc County H.S.D. v. T.H., 2022AP1631, District II, 7/5/23, 1-judge decision ineligible for publication; case activity (briefs not available)
Applying a deferential standard of review, the court of appeals rejects T.H.’s attempts to obtain CPS records he claims are essential to present a complete defense in a related criminal case.
Defense Win! COA holds that circuit court improperly required defendant to reimburse attorney fees related to dismissed case
State v. Aman Deep Singh, 2022AP1202-04, District I, 7/5/23, 1-judge decision ineligible for publication; case activity (including briefs)
In a somewhat messy pro se appeal, the court of appeals agrees that the circuit court improperly required Singh to reimburse attorney’s fees but rejects his remaining claims.
June 2023 publication list
On June 28, 2023, the court of appeals ordered publication of one criminal law related decision:
State v. Tracy Laver Hailes, 2023 WI App 29 (circuit court can’t apply § 939.62(1) and § 961.48 penalty enhancers at the same time)
Defense Win! COA orders protective placement petition dismissed on remand
Department on Aging v. R.B.L., 2022AP1431, District I, 6/27/23 (one-judge decision; ineligible for publication); case activity (briefs not available)
In this protective placement appeal raising two interesting issues related to the circuit court’s competency, the court of appeals reverses with instructions to dismiss the underlying petition.
COA rejects IAC claims on deficient performance and prejudice grounds
State v. Julie A. Minnema, 2022AP446-CR, District 4, 6/8/23 (one-judge decision, not eligible for publication); case activity (including briefs)
In an unusually lengthy OWI second appeal, the court rejects Minnema’s ineffective assistance of counsel claims either because Minnema failed to establish deficient performance or because Minnema failed to establish prejudice. (Opinion, ¶1).
State sufficiently proved parent’s pleas were knowing, intelligent and voluntary despite possible misadvice in plea colloquy
State v. S.S., 2022AP1179 & 2022AP1180, District I, 6/7/23 (one-judge decision; ineligible for publication); case activity (briefs not available)
In yet another TPR appeal with a parent alleging a defective plea colloquy, the court of appeals finds that the State proved the plea was knowing, intelligent, and voluntary at a postdisposition hearing.
Parent forfeited challenges to competency and jurisdiction in TPR appeal by not objecting to defective service
State v. I.B., 2022AP911 & 2022AP912, District I, 6/6/23 (one-judge decision; ineligible for publication); case activity (briefs not available)
Although the State appears to have conceded it did not follow the statutory requirements for proper service of the petition(s) in this TPR, Ivy’s appeal fails because she did not object below. And, because the error could have been cured if counsel had objected, her ineffectiveness claim also fails.
Evidence sufficient to establish grounds for TPR, and court exercised discretion ordering termination
Barron County DH & HS v. J.W., 2023AP60, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity
J.W. (“Jill”) challenges the sufficiency of the evidence to prove continuing CHIPS grounds for terminating her parental rights and the circuit court’s exercise of discretion in terminating her rights at the disposition hearing. Neither challenge succeeds.
Admission of other-acts evidence at TPR grounds trial was harmless
Barron County DH & HS v. Q.B., 2023AP37, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity
At the trial to terminate the parental rights of Q.B. (“Quan”) on grounds of continuing CHIPS and failure to assume parental responsibility, a substance abuse counselor referred to Quan having spent “quite a bit of time incarcerated over the years” before the entry of the CHIPS order. (¶¶8-9, 24). The circuit court then declined to give a cautionary instruction. Assuming the evidence was inadmissible and that a cautionary instruction was appropriate, the error was harmless.
Circuit court properly exercised discretion in terminating parental rights despite mother’s progress in meeting conditions
Brown County DH & HS v. T.H., 2022AP2168, 2022AP2169, 2022AP2170, & 2022AP2171, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity (for 2022AP2168, with links to other consolidated cases)
T.H. (“Terese”) argues the circuit court erroneously exercised its discretion in terminating her rights to her four children based on continuing denial of physical placement or visitation grounds, § 48.415(4), because it failed to account sufficiently for, and give appropriate weight to, her positive change and the progress she made in meeting court-ordered conditions for reunification. The court of appeals disagrees, finding the circuit court analyzed all the dispositional factors for each child, employed a rational thought process, and weighed the important factors that were supported by the record.