On Point: C. Unpublished Opinions

State v. Andrew Austin Keenan-Becht, 2022AP73-CR, District 2, 8/3/22 (one-judge decision; ineligible for publication); case activity (including briefs)

Under the long-standing test for probable cause, Keenan-Becht’s arrest was lawful.

State v. Kevin Lee Wilke, 2020AP1068-CR, District 3, 8/2/22 (one-judge decision; ineligible for publication); case activity (including briefs)

The court of appeals rejects Wilke’s arguments for a new trial and his challenge to the sufficiency of the evidence.

Manitowoc County v. J.M.K., 2022AP122, 7/27/22, District 2, (1-judge opinion; ineligible for publication); case activity

J.M.K.  is currently diagnosed with schizoaffective disorder. He has been committed several times since 2015. Right now he is doing well. He lives in a supervised apartment but holds a job, participates in community activities, and works out at the YMCA. The county monitors his medication compliance because in the past when he has stopped taking them he deteriorated rapidly.

Brown County v. J.V., 2022AP532, 7/28/22, District 3 (1-judge opinion, ineligible for publication); case activity

In a modified CHIPS dispositional order, the circuit court stated that it was suspending Jennifer’s visitation rights to her son, subject to her completing certain conditions. The court did not orally warn her that her parental rights could be terminated if her visitation rights weren’t reinstated within 1 year. Nor did the written order indicate that her rights could be terminated based on continuing denial of visitation under §§ 48.415(4) and 48.356(2).

Chippewa County Dep’t of Health and Human Servs. v. J.W.., 2021AP1986, 7/19/22, District  3, (1-judge opinion, ineligible for publication); case activity

“Janine” raised an insufficient evidence claim and several ineffective assistance of counsel claims in her appeal from an order terminating her parental right to her son.  This post focuses on two of the IAC claims. Counsel failed to object to (1) portions of the county social worker’s testimony, and (2) new information that the GAL introduced during closing statements.

State v. S.G., 2022AP585-587, 7/19/22, District 1 (1-judge opinion, ineligible for publication); case activity

S.G. argued that the circuit court failed to address 2 of the 6 “best interest” factors in §48.426(3) when it terminated her parental rights to her 3 sons. According to the court of appeals, the record proves otherwise.

State v. M.B., 2022AP89, District 1, 7/19/22 (one-judge decision; ineligible for publication); case activity

M.B. entered a no contest plea to failing to assume parental responsibility and to her daughter being in continuing need of protection or services. During the plea colloquy, the circuit court suggested she had the “same trial rights” at the dispositional phase as at the grounds phase. (¶¶3-4). This, M.B. argues, was a flaw in the colloquy because it misstated the correct statutory standard to be applied at disposition—the best interests of the child—and suggests the state had a burden it doesn’t have; thus, she should be allowed to withdraw her plea. (¶¶11, 13). The court of appeals disagrees.

State v. Alberto E. Rivera, 2021AP1100, 7/12/22, District 1, (not recommended for publication); case activity, (including briefs)

The court of appeals rejects Rivera’s claims for ineffective assistance of postconviction counsel for failing to raise two claims of ineffective assistance of trial counsel. Rivera challenged trial counsel’s counsel’s failure to seek suppression of an in-court identification because (a) it was tainted by an earlier suggestive “showup” procedure, and (b) his right to counsel was violated during the line-up because his retained counsel was not present for it.

State v. A.G., 2022AP652, 7/12/22, District 1 (1-judge opinion, ineligible for publication); petitions for review granted, 10/11/22, reversed, 2023 WI 61; case activity

District 1 means business. Not long ago, it reversed an order denying A.G.’s claim that his no-contest plea to grounds for a TPR was not knowing, intelligent, and voluntary because the circuit court neglected to explain the potential dispositions to him. It remanded the case for an evidentiary hearing. There, the State simply presented a transcript showing that 10 months before the plea, the circuit court explained potential dispositions to A.G. The circuit court said the State met its burden. On appeal after remand, the court of appeals says no way!

State v. A.T., 2022AP544, 6/28/22, District 1, (1-judge opinion, ineligible for publication); case activity

Guys, if you have unprotected sex, call or text your partner after. And “Wisconsin law does not require courts to consider race or culture when determining whether to terminate parental rights.” Opinion, ¶29. Those are the two main takeaways from this TPR opinion.