On Point blog, page 2 of 262

COA affirms verdict finding grounds to terminate parental rights for failing to assume parental responsibilities.

Taylor County Human Services v. A.B., 2025AP633, 2025AP634, 2025AP635, 2025AP636, 7/29/25, District II (ineligible for publication); case activity

The COA affirms the circuit court’s orders terminating “Adam’s” parental rights, while emphasizing the heavy burden placed on the party seeking to overturn a jury’s verdict.

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COA affirms order continuing protective placement

Racine County v. R.P.L., 2025AP813-FT, 7/30/25, District II (ineligible for publication); case activity

In an appeal from an annual protective placement review, R.P.L. escapes a finding of mootness but loses on the merits.

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Defense win: Circuit court erred when it denied respondent’s request for fact witnesses to appear in person at ch. 51 trial

Washburn County v. L.R.Y., 2025AP272-FT, District 3, 7/22/25 (one-judge decision; ineligible for publication); case activity

“Lily” appeals an original commitment and involuntary med order, arguing that the circuit court violated her right to have the County’s fact witnesses testify in person. COA agrees that, under Wis. Stat. § 885.60(2)(d), the circuit court erred by failing to sustain Lily’s objection to the county’s fact witnesses appearing by video at the final hearing.

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COA rejects undeveloped challenges to speeding citation and affirms

County of Milwaukee v. Sharon A. Dawson, 2024AP584, 7/22/25, District I (ineligible for publication); case activity

Although Dawson challenges the actions of the Milwaukee Police in enforcing the traffic code as racial profiling, her her pro se arguments are too poorly pleaded for the Court to address them.

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COA holds that protective placement may be continued based on evidence from previous hearings provided the evidence was “adjudicated.”

Pierce County v. P.C.A., 2024AP1367, 7/1/25, District III (ineligible for publication); case activity

While affirming the circuit court continuing a protective placement order under Chapter 55 after a due process hearing (known as a Watts hearing), the COA clarified that, following previous due process hearings, documentary evidence that was admitted, and testimony that was accepted by the circuit court and incorporated into its findings, may be considered at subsequent due process hearings. 

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Defense win: COA reverses parts of juvenile restitution order

State v. C.J.L.,  2024AP1917, 7/3/25, District IV (1-judge decision, ineligible for publication); case activity

C.J.L. contests part of the restitution ordered in his juvenile case related to a theft and break in at a dance studio–restitution for a surveillance subscription purchased after the theft, and for damages to the studio’s dance floor. Because the juvenile statute, Wis. Stat. § 938.34(5)(a), permits restitution for physical injury to a person or damage to property only, the COA agrees with C.J.L. and reverses the restitution order.

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COA holds that leaving section of municipal citation form blank does not invalidate citation

Village of Reeseville v. Frederick J. Prough, 2024AP1046, 7/3/25, District IV (ineligible for publication); case activity

In a case of potential interest to those litigating ordinance violations, COA holds that an alleged technical defect in the citation form does not void the citation itself.

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COA holds that trial court did not err in finding that defendant could be restored to competency

State v. T.R.T., 2025AP387-CR, 6/19/25, District IV (not recommended for publication); case activity

Although it acknowledges uncertainty as to the appropriate standard of review, COA ultimately affirms the circuit court’s order under a clearly erroneous standard.

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COA rejects sufficiency challenges in 51 appeal and affirms

Waukesha County v. J.A.K., 2024AP2535, 6/25/25, District II (ineligible for publication); case activity

In yet another Chapter 51 appeal, COA rejects the usual arguments and affirms.

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COA: Prospective juror’s equivocal answers regarding bias against defendant charged with sexually assaulting child not sufficient to overcome presumption of impartiality.

State v. Richard Leo Mathewson, 2022AP2124-CR, 6/17/25, District IV (not recommended for publication); case activity

COA holds that prospective juror’s equivocal answers during voir dire regarding bias against defendant charged with sexual assault of a child is not sufficient to overcome presumption that juror is impartial.

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