On Point blog, page 19 of 266

COA: Mother forfeited personal jurisdiction and improper substitution claims

State v. J.S.,, 2024AP180 & 2024AP181, 4/16/24, District I (one-judge decision; ineligible for publication); case activity

On appeal from TPR orders related to her two children, J.S. (“Julia”) raised two issues: whether the circuit court had personal jurisdiction over her and whether the circuit court erred by granting the GAL’s substitution request. The court of appeals makes short work of each argument because Julia forfeited the claims by not first raising either issue in the circuit court.

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Fact-dependent attack on discretionary TPR order fails under extremely forgiving standard of review

Winnebago County Department of Human Services v. C.R.Q., II,, 2024AP81, 4/17/24, District II (one-judge decision; ineligible for publication); case activity

In a fact-dependent TPR appeal, “Craig” attacks the circuit court’s discretionary ruling on multiple fronts but fails due to the imposing standard of review.

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Challenges to summary judgment ruling, dispositional order fail in TPR appeal

Brown County Health and Human Services v. R.U., 2024AP45-6 4/16/24, District IV (one-judge decision; ineligible for publication); case activity

In yet another fact-dependent TPR appeal, COA affirms given well-settled (and difficult to overcome) legal standards.

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COA rejects multi-pronged attack on TPR orders

Jackson County Department of Human Services v. I.J.R.,, 2023AP1495-6 4/11/24, District IV (one-judge decision; ineligible for publication); case activity

In yet another beefy TPR appeal presenting multiple issues, COA rejects all of I.J.R.’s arguments and affirms.

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Lit cigarette, red eyes, thick speech and speeding sufficient to establish reasonable suspicion of OWI

State v. Iain A. Johnson, 2022AP389-CR, 4/2/24, District III (1-judge decision, ineligible for publication); case activity

Although COA concedes this is a “close case,” it nevertheless concludes that the evidence satisfies the relatively low burden for reasonable suspicion to extend a traffic stop.

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Despite convincing evidence that domestic violence victim was fleeing for her life when stopped for suspected OWI, COA determines coercion defense unavailing

State v. Joan L. Stetzer, 2023AP874-CR, 3/27/24, District II (1-judge decision, ineligible for publication); petition for review granted; affirmed 7/3/25 case activity

In a difficult case demonstrating the stringent nature of Wisconsin’s coercion defense, COA affirms the circuit court’s decision that the defense did not apply to Stetzer’s conduct, notwithstanding a medley of uniquely sympathetic facts.

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Court rejects usual attacks to 51 extension, medication order and affirms

Racine County v. C.B., 2023AP2018-FT, 3/20/24, District II (one-judge decision; ineligible for publication); case activity

In a factually-specific appeal of a recommitment order, COA rejects all of C.B.’s arguments and affirms.

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COA affirms conviction over pro se defendant’s quasi-jurisidictional defenses

State v. Allan Nathan Carroll, Jr. A/K/A/ U’si Ch-ab, 2023AP870, 3/20/24, District 2 (one-judge appeal; ineligible for publication); case activity

Carroll, Jr., a.k.a. Ch-ab, pro se, appeals a jury verdict convicting him of resisting or obstructing an officer. Ch-ab raises two claims on appeal: (1) that his constitutional rights were violated during a traffic stop that led to his arrest and conviction and (2) that his “status as an ‘Indigenous Aborigine American’ relieved him of the obligation to comply with Wisconsin law requiring that motor vehicles operating on Wisconsin roads be registered and display license plates.” The court rejects his arguments on appeal and affirms.

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COA rejects father’s challenge to TPR disposition

State v. K.P., 2023AP2404-06, 3/19/24, District 1 (one-judge decision; ineligible for publication); case activity

K.P. (“Kevin”) challenged the circuit court’s order terminating his parental rights on two grounds: (1) that his own testimony demostrated he had a substantial relationship with his three children and (2) because there was a lack of evidence concerning the childrens’ wishes. The court of appeals concludes that is is “clear” the circuit court did not erroneously exercise its discretion in determining that terminating Kevin’s parental rights to his children was in their best interests.

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Motorcyclist’s “thick accent” no barrier to improper refusal finding

State v. Asif Ahmed, 2023AP1796, 3/14/24, District IV (one-judge appeal; ineligible for publication); case activity

Ahmed raises a few different arguments challenging the circuit court’s decision that he improperly refused to submit to a OWI blood draw, but the court of appeals rejects them all, agrees probable cause existed to arrest Ahmed for OWI, and affirms.

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