On Point: C. Unpublished Opinions

State v. Julie A. Minnema, 2022AP446-CR, District 4, 6/8/23 (one-judge decision, not eligible for publication); case activity (including briefs)

In an unusually lengthy OWI second appeal, the court rejects Minnema’s ineffective assistance of counsel claims either because Minnema failed to establish deficient performance or because Minnema failed to establish prejudice. (Opinion, ¶1).

State v. S.S., 2022AP1179 & 2022AP1180, District I, 6/7/23 (one-judge decision; ineligible for publication); case activity (briefs not available)

In yet another TPR appeal with a parent alleging a defective plea colloquy, the court of appeals finds that the State proved the plea was knowing, intelligent, and voluntary at a postdisposition hearing.

State v. I.B., 2022AP911 & 2022AP912, District I, 6/6/23 (one-judge decision; ineligible for publication); case activity (briefs not available)

Although the State appears to have conceded it did not follow the statutory requirements for proper service of the petition(s) in this TPR, Ivy’s appeal fails because she did not object below. And, because the error could have been cured if counsel had objected, her ineffectiveness claim also fails.

Barron County DH & HS v. J.W., 2023AP60, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity

J.W. (“Jill”) challenges the sufficiency of the evidence to prove continuing CHIPS grounds for terminating her parental rights and the circuit court’s exercise of discretion in terminating her rights at the disposition hearing. Neither challenge succeeds.

Barron County DH & HS v. Q.B., 2023AP37, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity

At the trial to terminate the parental rights of Q.B. (“Quan”) on grounds of continuing CHIPS and failure to assume parental responsibility, a substance abuse counselor referred to Quan having spent “quite a bit of time incarcerated over the years” before the entry of the CHIPS order. (¶¶8-9, 24). The circuit court then declined to give a cautionary instruction. Assuming the evidence was inadmissible and that a cautionary instruction was appropriate, the error was harmless.

Brown County DH & HS v. T.H., 2022AP2168, 2022AP2169, 2022AP2170, & 2022AP2171, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity (for 2022AP2168, with links to other consolidated cases)

T.H. (“Terese”) argues the circuit court erroneously exercised its discretion in terminating her rights to her four children based on continuing denial of physical placement or visitation grounds, § 48.415(4), because it failed to account sufficiently for, and give appropriate weight to, her positive change and the progress she made in meeting court-ordered conditions for reunification. The court of appeals disagrees, finding the circuit court analyzed all the dispositional factors for each child, employed a rational thought process, and weighed the important factors that were supported by the record.

Winnebago County v. T.G., 2022AP2078, District 2, 6/14/23 (one-judge decision; ineligible for publication); case activity

At the final hearing on a petition to commit T.G. (“Thomas”) under § 51.20, the County presented evidence he threw urine and feces at a guard on one occasion and later made a threat that he’d act in a way that would require staff to “suit up” and do a cell extraction and then “hurt” staff. (¶¶3-5). Considered together, this evidence satisfied the dangerousness standard under § 51.20(1)(a)2.b.

Winnebago County DHS v. B.K.V., 2023AP310, District 2, 6/7/23 (one-judge decision; ineligible for publication); case activity

B.K.V. filed a postdisposition motion for a new trial in her termination of parental rights proceeding. The court of appeals affirms the circuit court’s denial of her motion.

Kenosha County Division of Child and Family Services v. D.R.-R., 2022AP1812, 06/01/23, District 2 (1-judge opinion, ineligible for publication); case activity

In what should not be a shocking outcome, a mother’s failure to appear at a single pre-trial hearing is not “egregious” and does not support a default judgment on grounds.

State v. Danny Arthur Wright, 2021AP1252-CR, District 3, 05/16/23 (not recommended for publication); case activity (including briefs)

The state charged Wright with first degree sexual assault with use of a dangerous weapon. The alleged dangerous weapon at issue was a ZAP STICK. Wright filed a motion in limine to bar the state from calling a Detective to offer expert opinion testimony under Wis. Stat. § 907.02(1) and Daubert. The circuit court permitted the testimony after the state cautioned that it would not ask the detective whether the ZAP STICK used in Wright’s case was a dangerous weapon under the relevant statute. The court of appeals affirms on essentially the same basis: the detective’s testimony was permissible “expositional” testimony under State v. Dobbs, 2020 WI 64, 392 Wis. 2d 505, 945 N.W.2d 609, and not subject to the heightened reliability standard for expert opinion testimony.