On Point blog, page 2 of 4
COA declares Ch. 51 recommitment standard constitutional; makes county’s 21-day filing deadline optional
Waupaca v. K.E.K., 2018Ap1887, District 4, 9/26/19 (not recommended for publication), petition for review granted 7/24/20, affirmed, 2021 WI 9; case activity
This opinion infuses uncertainty, if not confusion, into the law governing circuit court competency to decide a Chapter 51 recommitment case and the substantive legal standard that courts are to apply at the recommitment stage.
SCOW to address municipal court’s subject matter jurisdiction over criminal OWI
City of Cedarburg v. Ries B. Hansen, 2018AP1129, petition for bypass granted 2/12/19; case activity (including briefs)
Issue (from petition for bypass):
City of Eau Claire v. Booth, 2016 WI 65, ¶1, 370 Wis. 2d 595, 882 N.W.2d 738 held that when a circuit court handles a 1st offense OWI that is mischarged due to an unknown prior offense, it is a defect in the circuit court’s competency but not the circuit court’s subject matter jurisdiction. Accordingly, a defendant must timely object to the circuit court’s lack of competency or the objection is forfeited. Is the same true when the mischarged OWI is in municipal court?
Defendant forfeited competency objection; had no right to counsel on OWI 2nd mischarged as OWI 1st
St. Croix County v. Kimberly L. Severson, 2017AP1111, 11/13/18, District 3, (i-judge opinion, ineligible for publication); case activity (including briefs)
This is a City of Eau Claire v. Booth redux. In 2001 Severson was charged with OWI 1st in Eau Claire County and convicted of a separate OWI 1st in St. Croix County. Had St. Croix conviction been properly charged as an OWI 2nd, Severson would have had a constitutional right to counsel. But te court of appeals, applying Booth, held that Severson’s failure to object to the St. Croix County circuit court’s lack of competency to proceed to judgment forfeited that issue for appeal.
In Wisconsin, we can send people to prison for things they did when they were 5
State v. Shaun M. Sanders, 2018 WI 51, 5/18/18, affirming a published court of appeals decision, 2017 WI App 22, case activity (including briefs)
The state can criminally punish a person for something he or she did as a small child.
Prisoners challenging DOC’s deduction of prison funds to pay court obligations must exhaust administrative remedies
State v. Marquis T. Williams, 2018 WI App 20; case activity (including briefs)
Williams, a prison inmate, objected to DOC deducting funds from his prison account to pay the restitution ordered in his criminal case. He asked the sentencing judge to order DOC to stop but the sentencing judge declined. The court of appeals affirms, holding the sentencing court isn’t competent to address that issue. Instead, Williams has to exhaust his administrative remedies using the inmate complaint review system (ICRS) and, if that fails, he can bring a certiorari action in circuit court.
Challenge to competency of TPR court waived by failure to object
State v. J.M.W., 2017AP158, District 1, 9/6/17 (one-judge decision; ineligible for publication); case activity
J.M.W. contends the steps in the proceedings terminating his parental rights occurred out of order and therefore the circuit court lost competency to conduct a disposition hearing. The court of appeals holds he waived a competency challenge by not raising it in the circuit court first.
SCOW to decide whether Wisconsin recognizes a minimum age for criminal responsibility
State v. Shaun M. Sanders, 2015AP2328-CR, granting review of a published court of appeals decision, 6/13/17, case activity (including briefs
Issue (copied from the petition for review):
Can a person be criminally responsible for acts he allegedly committed before the age of original juvenile court jurisdiction?
Adult court had jurisdiction, competency to adjudicate offenses committed before defendant was age 10
State v. Shaun M. Sanders, 2017 WI App 22, petition for review granted 6/13/17, affirmed, 2018 WI 51; case activity (including briefs)
When Sanders was 19 years old he was charged with committing repeated sexual assaults of H.S. during a time period when he was aged 9 to 12 and H.S. was aged 7 to 9. He asserts the circuit court had neither subject matter jurisdiction nor competency to proceed on those charges because under §§ 938.02(3m), 938.12(1), and 938.183(1)(am) persons who commit criminal acts when they are under the age of 10 are not subject to the juvenile justice code or the criminal code. The court of appeals rejects the claim.
Defendant forfeited challenge to improper treatment of second OWI as civil offense
Eau Claire County v. Duane D. Collier, 2016AP366, District 3, 2/22/17 (one-judge decision; ineligible for publication); case activity (including briefs)
Collier’s belated challenge to his 1992 civil forfeiture judgment for OWI 1st offense is foreclosed by City of Eau Claire v. Booth, 2016 WI 65, 370 Wis. 2d 595, 882 N.W.2d 738.
Court had jurisdiction over OWI mistakenly charged as a criminal offense
State v. Timothy A. Giese, 2015AP1838-CR, District 3, 9/13/16 (one-judge decision; ineligible for publication); case activity (including briefs)
The supreme court’s recent decision in City of Eau Claire v. Booth Britton, 2016 WI 65, disposes of Giese’s claim that the circuit court lacked jurisdiction over a mistakenly charged second-offense OWI.