On Point blog, page 7 of 485
Defense wins sufficiency of evidence claim in COA after trial for possessing intoxicating liquor without a license.
State v. Kimberly D. Rowe, 2022AP2122-CR, 4/22/25, District III (1-judge decision, ineligible for publication); case activity
The COA considered when a collection of liquor bottles behind the counter of what appeared to be a bar becomes “intoxicating liquor” for which a license is required to possess for intended sales. Because the State did not prove the identity of the liquid in the bottles or submit the liquid for chemical testing, the COA reversed Kimberly Rowe’s conviction for possessing intoxicating liquor with intent to sell without a license or permit, contrary to Wis. Stat. § 125.66(1).
COA affirms TPR, holding parent failed to establish prejudice due to admission of “arguably inadmissible hearsay”
State v. T.N., 2024AP1280, 4/22/25, District I (1-judge decision, ineligible for publication); case activity
T.N. appeals, arguing that she received ineffective assistance of counsel when her attorney did not object to statements she contends are inadmissible hearsay. COA assumes without deciding that the statements were hearsay and affirms the circuit court’s orders, concluding there was no prejudice to T.N.
COA affirms default finding in TPR due to single missed court date
State v. A.L., 2025AP177, 4/22/25, District I (1-judge decision, ineligible for publication); case activity
Despite the respondent’s claim that she was never given notice of the time for a jury status hearing, COA affirms the circuit court’s default finding.
COA affirms third standard (2.c.) ch. 51 appeal due to abnormal neck movements and previous food restriction
Winnebago County v. J.D.M., 2024AP1601, 4/16/25, District II (1-judge decision, ineligible for publication); case activity
COA affirms the circuit court’s orders recommitting J.D.M. (referred to as “Josh”) for twelve months and authorizing involuntarily administering medication. A jury found Josh mentally ill, a proper subject for treatment, and dangerous to himself or others. Josh argues on appeal that the county did not present sufficient evidence at trial to prove that he was dangerous under § 51.20(1)(a)2.c., d., or e, and the court made insufficient findings to enter the involuntary medication order.
March Publication Order
As usual, we bring you coverage of COA’s orders regarding publication.
COA affirms suppression ruling based on illegible license plate
State v. Natalie S. Lozano, 2024AP1540-CR & 2024AP1541-CR, 4/9/25, District II (1-judge decision, ineligible for publication); case activity
In yet another appeal hinging on the requirement that a license plate be “legible,” COA affirms based on its deference to the circuit court’s factual findings.
COA affirms CHIPS dispositional orders finding that circuit court exercised proper discretion in denying respondents’ petition to transfer jurisdiction to tribal court, authorizing County to exercise medical decision making, and admitting evidence of father’s risk assessment
Monroe County v. G.L.B., 2024AP1596, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity
Monroe County v. T.B., 2024AP1845, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity
The COA issued two decisions affirming the circuit court’s dispositional orders finding that T.B.’s (the mother) and G.L.B.’s (the father) son was in need of protection and services (CHIPS) and placing the child in out-of-home care. The COA rejected the parents’ arguments that the circuit court erroneously denied their petition to transfer jurisdiction to Ho-Chunk Tribal Court and that the court erred in granting medical decision-making authority to the Monroe County Department of Human Services (the Department). The COA also disagreed with the father’s argument that the circuit court erroneously admitted at trial evidence regarding risk assessments of his parenting skills.
COA affirms challenge to TPR disposition under erroneous exercise of discretion standard
Waukesha County v. A.T., 2025AP167, 4/2/25, District II (1-judge decision, ineligible for publication); case activity
“Amber” appeals from an order terminating her parental rights to her 6-year-old daughter, “Holly.” She argues the circuit court erroneously exercised its discretion at disposition. COA affirms under the deferential, erroneous exercise of discretion standard.
Excessive water intake sufficient to find person “dangerous” under Chapter 51.
Winnebago County v. J.M., 2024AP1554, 4/2/25, District II (1-judge decision, ineligible for publication); case activity
COA affirmed the circuit court’s order recommitting J.M. (referred to as “James Moore”) for twelve months and authorizing involuntarily administering medication. The Court found that Moore suffers from schizoaffective disorder, which caused him to drink an excessive amount of water to the point that he needed to be transported to the emergency room for low sodium levels in his body. The Court therefore found that Moore is a danger to himself, and that he is a proper subject for treatment because his condition is treatable with medication.
COA reverses grant of summary judgment in TPR, holds that issues of material fact exist as to abandonment and failure to assume
J.H. v. J.L.B., 2025AP85, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity
COA reviews the grant of summary judgment on abandonment and failure to assume parental rights de novo and concludes that there are issues of material fact as to each ground. The court therefore reverses and remands for a fact-finding hearing.