On Point: C. Unpublished Opinions

State v. Christina Marie Wiederin, case activity (including briefs)

Wiederin was a driver in a fatal head-on collision. She was seriously injured in the crash and was trapped inside the car for nearly an hour afterward; she was then taken by ambulance to a hospital in Minnesota, where she would undergo medical imaging followed by surgery. The court of appeals now affirms the trial court’s conclusion that the circumstances of the crash, transportation and treatment presented an exigency such that the sheriff’s sergeant who drew her blood could reasonably conclude seeking a warrant would risk losing evidence, and that the draw was thus valid under Missouri v. McNeely, 569 U.S. 141, 149 (2013).

Portage County v. K.K., 2021AP1315, 2/10/22, District 4, (1-judge opinion, ineligible for publication); case activity

This opinion has alarming implications for disabled people. The circuit court issued a summary judgment order continuing K.K.’s protective placement. She appealed and argued that summary judgment is not allowed in Chapter 55 cases. The court of appeals refused to reverse. It predicted that this due process violation would never recur, dismissed the appeal as moot, and thus ensured that the due process error can recur.

Julie C. Valadez v. Hon. Michael J. Aprahamian, 2021AP994, 2021AP1186, and 2021AP1436; 2/2/22, District 2 (1-judge opinions, ineligible for publication); case activity for 2021AP994, 2021AP1186, and 2021 AP1436 (including briefs)

In a child custody battle, the circuit court found Valadez, pro se, in contempt of court for: (1) sending it ex parte emails after being told not to, (2) repeatedly objecting and asking questions during a hearing, (3) failing to sign a release giving the GAL access to her confidential DHHS records; and (4) failing to stipulate to the release of additional, confidential DHHS records. The court of appeals, rejecting the judge’s claim that he wields inherent contempt powers beyond Chapter 785, reversed 3 of his 4 contempt findings.

Dunn County Human Services v. N.R., 2021AP129 & 2021AP1830, District 3, 1/28/22 (one-judge decision; in eligible for publication); case activity

The circuit court properly exercised its discretion in allowing the foster parent of N.R.’s children to testify at the grounds trial in N.R.’s TPR proceeding.

State v. O.G., 2021AP1642-CR, 1/25/22, District 1 (1-judge opinion; ineligible for publication; case activity

O.G. appealed a juvenile court order waiving him into adult court. He argued that the judge was objectively biased and requested a new waiver hearing before a different judge. His appendix included 3 affidavits alleging that during a break in the waiver hearing, the judge received a call about another child’s case, became upset, started swearing, and said he was “so done” and couldn’t “wait to get out of the juvenile system.” The judge showed a noticeable change in behavior. Then he waived O.G. into adult court.

State v. S.C.M., 2019AP430, 1/25/22, District 3 (1-judge opinion; ineligible for publication); case activity

A petition for writ of coram nobis must show that (1) a court of record contains a factual error that, if known, would have prevented the court from entering judgment, and (2) petitioners has no other remedy at law such as  an appeal. See State ex rel. Patel v. State, 2012 WI App 117, ¶13, 344 Wis. 2d 405, 824 N.W.2d 862. These writs are rare. Defendants sometimes seeks them when they are out of custody and cannot bring a §974.06 motion. In this case, “Seth” petitioned one 10 years after the circuit court adjudicated him delinquent and sent him to Lincoln Hills.

Outagamie County v. D.D.G., 2021AP511, District 3, 1/20/22, (1-judge opinion, ineligible for publication); case activity

“Dana” has been under commitment since 2017. It is undisputed that she has taken her medication and has done nothing dangerous in the interim.  Yet the court of appeals affirmed her 2021 recommitment because she questions her diagnosis and her need for medication and has concerns about its health effects. The court said that if she were released, she would decline medication and decompensate. Her case highlights a tension between §51.20(1)(am) and a person’s 14th Amendment right to refuse medication. It also shows that courts continue to misapply §51.61(1)(g)4., the involuntary medication statute.

Forest County v. Brian M. Steinert, 2020AP1465, District 3, 1/19/22 (one-judge decision; ineligible for publication); case activity (including briefs)

Steinert challenged his refusal citation on the ground the police didn’t have probable cause to arrest him, see § 343.305(9)(a)5.a. The court of appeals rejects his challenge.

State v. Rory David Revels, 2021AP1185-CR, District 4, 1/13/21 (one-judge decision; ineligible for publication); case activity (including briefs)

The circuit court held the police violated Revels’s due process rights by failing to preserve the footage from the squad car camera and body camera of the officer who stopped Revels. The court of appeals reverses, holding the circuit court’s conclusions aren’t supported by the record.

Dane County DHS v. J.F., 2021AP1868 & 2021AP1869, District 4, 1/13/22 (one-judge decision; ineligible for publication); case activity

The circuit court properly denied J.F.’s request for a new lawyer on the morning of the first day of her TPR grounds trial.