On Point: 24. Jurisdiction, etc

Waushara County v. Beatrice Bruning, 2025AP300, 8/7/25, District IV (ineligible for publication); case activity

In a case with a slightly convoluted procedural history, COA accepts the County’s concession that traffic citations are invalid as they resulted from a trial conducted before a court commissioner instead of a circuit court judge.

State v. Carl L. McAdory, 2025 WI 30, 7/1/25, case activity

A unanimous SCOW held that the circuit court had authority under Wis. Stat. 346.63(1)(c) to reinstate Carl McAdory’s conviction for operating a vehicle with a restricted controlled substance in his blood, which was dismissed when he was also convicted of operating a motor vehicle under the influence of a controlled substance that arose out of the same incident or occurrence, after the OWI conviction was vacated on appeal.  The Court also rejected McAdory’s claims that the State forfeited the right to seek reinstatement by not raising the issue on his appeal from his OWI conviction, that the circuit court did not comply with the COA’s mandate, and that he was subjected to double jeopardy.

State v. M.P., 2024AP32, 6/26/24, District II (one-judge decision; ineligible for publication); case activity

COA affirms circuit court’s order waiving M.P. into adult court based on M.P.’s age and seriousness of the offense.

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.

Racine County v. B.L.M., 2023AP757, 11/22/23, District II (ineligible for publication); case activity

Despite a creative challenge to a continued protective placement order, COA rejects any argument that the circuit court lost competency by failing to timely reappoint a GAL in this protective placement appeal.

State v. Michael A. Wilson, 2022AP1099, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available)

Despite some procedural quirks, the Court of Appeals wastes no time in affirming what turns out to be a relatively straightforward refusal conviction.

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.

State v. Kit R. Stilwell, 2022AP1734-CR, District 2, 4/05/23 (1-judge opinion, not eligible for publication); case activity (including briefs)

After summarizing an “inordinate[ly]” complicated set of facts in an otherwise simple bail jumping case, the court of appeals notes that because he failed to file a reply brief, the state’s arguments were conceded by Stilwell. Recognizing that Stilwell was unrepresented and the “obligation on the part of a court to make reasonable allowances to protect pro se litigants,” however, the court briefly addresses Stilwell’s arguments. (Opinion, ¶7).

State v. Rasheem D. Davis, 2023 WI App 25; case activity (including briefs)

Addressing an issue of first impression in Wisconsin, the court of appeals holds that the circuit court’s order dismissing charges against Davis that was rescinded minutes later didn’t deprive the court of subject matter jurisdiction.

R.G. v. S.P., 2022AP1876, District 4, 02/16/2023 (one judge opinion; ineligible for publication); case activity

R.G. filed a petition to voluntarily terminate his parental rights to a non-marital child that he had not seen in over seven years. The circuit court dismissed his petition for lack of jurisdiction. R.G. pursued an appeal pro se, arguing that Wis. Stat. § 48.185 supported his petition in Dane County.