On Point blog, page 8 of 485
In published decision, COA holds that corporation counsel is not a party under 48.13 when they are not a petitioner
S.G. v. Wisconsin DCF, 2024AP472, 4/3/25, District IV (recommended for publication); case activity
In a unique CHIPS appeal, COA clarifies the proper role of corporation counsel when another party files a CHIPS petition.
COA holds that while service was defective in TPR, court’s factual findings merit affirmance
Brown County v. N.H., 2024AP1991-1993, 4/2/25, District III (1-judge decision, ineligible for publication); case activity
Although the County erred by listing the wrong date in a published notice, COA affirms given the court’s factual findings that the respondent was served by mail.
COA affirms resentencing denial, holds judge’s comments about defendant’s non-criminal sexual behavior, etc. did not show objective bias
State v. Anthony J. LaRose, 2022AP647-CR, District 3, 3/25/25 (not recommended for publication); case activity (including briefs)
LaRose appeals an order denying his postconviction motion for resentencing on his conviction for first-degree sexual assault of a child, in which he claimed that the circuit court judge was biased against him based on three sets of facts. COA rejects all of LaRose’s arguments and affirms, holding that the court’s comments were related to appropriate sentencing factors and LaRose failed to establish sufficient risk of actual bias.
COA holds that traffic stop did not require Miranda warnings and affirms
State v. Jeremy A. Sobotik, 2024AP1976-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity
In an appeal seeking to test the boundary between permissible traffic stop inquiries and interrogation requiring Miranda warnings, COA holds that the officer in question did not cross the constitutionally-imposed line and affirms.
COA finds evidence sufficient for medication order in Ch. 51; once again highlights inconsistent case law
Winnebago County v. D.P., 2024AP2391-FT, 3/19/25, District II (1-judge decision, ineligible for publication); case activity
In appeal eerily similar to a SCOW case that was dismissed as improvidently granted, COA affirms and holds that the conclusory testimony supporting involuntary medication and recommitment was legally sufficient.
COA: Reasonable suspicion to stop vehicle if police know owner of vehicle was not issued Wisconsin driver’s license unless officer has information suggesting owner is not driving.
State v. Tobin J. Jagla, 2023AP2311-CR, 3/18/25, District III (not recommended for publication); case activity
COA affirms circuit court’s order denying Tobin Jagla’s motion to suppress where police stopped the vehicle he was driving after an officer determined the registered owner of the vehicle did not have a Wisconsin driver’s license. Although officer learned during the stop that Jagla was not the registered owner, Jagla and owner were both males and similar in age.
COA affirms juvenile’s placement at Copper Lake School, rejecting argument that placement was improper until State builds facilities contemplated when Lincoln Hills was closed.
State v. A.A.A., 2024AP2001, 3/12/25, District II (ineligible for publication); case activity
COA affirmed the circuit court’s dispositional order placing juvenile in the Serious Juvenile Offender program at Copper Lake School, a Type I juvenile correctional facility for girls. The Court rejected juvenile’s claim that such a placement was not permissible until the State builds a secure residential care center.
COA holds that 911 call created “emergency” justifying warrantless entry into home
State v. Ryan D. Wilkie, 2022AP730-CR, 3/11/25, District III (1-judge decision, ineligible for publication); case activity
COA rejects Wilkie’s interesting constitutional arguments regarding the authority of law enforcement to enter his home without a warrant and affirms his conviction for obstructing an officer.
COA finds police had reasonable suspicion to extend traffic stop to conduct field sobriety tests; reverses suppression order.
State of Wisconsin v. Alex Mark Hagen, 2024AP1180, 3/6/25 District IV (one-judge decision; ineligible for publication); case activity
COA reversed the circuit court’s order suppressing evidence of field sobriety tests and their fruits, finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for operating a vehicle while intoxicated.
COA affirms order declaring mistrial when prosecutor learned she had COVID after first day of trial.
State v. Cesar O. Fernandez-Reyes, 2024AP1668-CR, 3/4/25, District III (not recommended for publication); case activity
COA affirms circuit court’s order declaring a mistrial and denying the defendant’s motion to bar a retrial on double jeopardy grounds where prosecutor learned she had COVID after the first day of trial.