On Point: 46. WI Court of Appeals

A.C.-E. v. I.M., 2019AP573, 4/15/20, District 4 (one-judge decision; ineligible for publication); case activity

The court of appeals rejects I.M.’s request for a new TPR grounds trial.

Marathon County v. R.J.O., 2020 WI App 20; case activity

This is an important, published, and demonstrably incorrect court of appeals’ decision regarding Chapter 51 recommitment procedure.

State v. Shannon G. Potocnik, 2019AP523, 4/14/20, District 3 (one-judge decision; ineligible for publication) case activity (including briefs)

There’s a deep split nationwide about whether the community caretaker doctrine can ever permit entry into a home. Wisconsin has held that it can, and this pro se appeal is of course necessarily fact-bound. But the decision is thorough and provides a good summary of state community-caretaker law as it stands, along with a much briefer discussion of blood draws based on exigency.

State v. A.M.J., 2019AP420, 4/14/20, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

This is a juvenile case so pseudonyms abound. The state accused “Adam” of taking some vehicles from “the Morrisons” and also, in the same incident, damaging some property belonging to “the Olsons.” The district attorney filed a petition concerning the taking of the Morrisons’ vehicles, and Adam was eventually adjudicated delinquent. A few weeks after that adjudication, the DA filed a second petition regarding the criminal damage to the Olsons’ property. This is an appeal of Adam’s adjudication on that second petition; he argues it was not timely filed under the juvenile code. The court of appeals doubts the petition was untimely but holds that even if it was, the circuit court wasn’t statutorily obligated to dismiss it.

Though we’re a little late in reporting it (we blame Covid-19), on March 26, 2020, the court of appeals ordered publication of the following criminal law related decisions:

State v. Jason A. Marcotte, 2020 WI App 28; case activity (including briefs)

After Marcotte was terminated from drug court and his probation revoked, he was sentenced by the same judge who’d presided over his case in drug court. Under the facts in this case, both the judge’s comments during drug court and his dual role as drug court judge and sentencing judge demonstrate he was objectively biased and thus violated Marcotte’s right to an impartial judge.

State v. Larry Alexander Norton, 2019AP1796-CR, 4/14/20, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)

In which the occupant of a legally parked car becomes the object of police scrutiny, for very little apparent reason, and all is found to be copacetic under the Fourth Amendment.

Waushara County DHS v. A.J.P., 2019AP2387, District 4, 4/13/20 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion by considering all the factors under § 48.426(3) when it decided to terminate A.J.P.’s parental rights.

S.L.H. v. J.J.D., 2019AP1554, District 2, 3/25/20 (one-judge decision; ineligible for publication); case activity

The lawyer representing J.J.D. (“John”) in his TPR proceeding failed to mount a sufficient defense to the summary judgment motion brought by S.L.H. (“Sarah”). But that deficient performance didn’t prejudice John. The evidence the lawyer failed to present wasn’t enough to raise a genuine issue of material fact, so summary judgment would have been granted anyway.

State v. Mitchell L. Christen, 2019AP1767-Cr, 3/17/20, District 4 (1-judge opinion; ineligible for publication); review granted 9/16/16; case activity (including briefs)

Interesting case. Section 941.20(1)(b) makes operating or going armed with a firearm while under the influence of an intoxicant a misdemeanor.  Christen argued that the statute violates the 2nd Amendment “as applied” to anyone who engages in the prohibited conduct while inside his or her home. The State declined to file a response brief, which means it conceded the point. Still, the court of appeals rejected Christen’s argument and affirmed.