On Point blog, page 4 of 790
COA affirms suppression ruling based on illegible license plate
State v. Natalie S. Lozano, 2024AP1540-CR & 2024AP1541-CR, 4/9/25, District II (1-judge decision, ineligible for publication); case activity
In yet another appeal hinging on the requirement that a license plate be “legible,” COA affirms based on its deference to the circuit court’s factual findings.
COA affirms CHIPS dispositional orders finding that circuit court exercised proper discretion in denying respondents’ petition to transfer jurisdiction to tribal court, authorizing County to exercise medical decision making, and admitting evidence of father’s risk assessment
Monroe County v. G.L.B., 2024AP1596, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity
Monroe County v. T.B., 2024AP1845, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity
The COA issued two decisions affirming the circuit court’s dispositional orders finding that T.B.’s (the mother) and G.L.B.’s (the father) son was in need of protection and services (CHIPS) and placing the child in out-of-home care. The COA rejected the parents’ arguments that the circuit court erroneously denied their petition to transfer jurisdiction to Ho-Chunk Tribal Court and that the court erred in granting medical decision-making authority to the Monroe County Department of Human Services (the Department). The COA also disagreed with the father’s argument that the circuit court erroneously admitted at trial evidence regarding risk assessments of his parenting skills.
COA affirms challenge to TPR disposition under erroneous exercise of discretion standard
Waukesha County v. A.T., 2025AP167, 4/2/25, District II (1-judge decision, ineligible for publication); case activity
“Amber” appeals from an order terminating her parental rights to her 6-year-old daughter, “Holly.” She argues the circuit court erroneously exercised its discretion at disposition. COA affirms under the deferential, erroneous exercise of discretion standard.
COA reverses grant of summary judgment in TPR, holds that issues of material fact exist as to abandonment and failure to assume
J.H. v. J.L.B., 2025AP85, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity
COA reviews the grant of summary judgment on abandonment and failure to assume parental rights de novo and concludes that there are issues of material fact as to each ground. The court therefore reverses and remands for a fact-finding hearing.
In published decision, COA holds that corporation counsel is not a party under 48.13 when they are not a petitioner
S.G. v. Wisconsin DCF, 2024AP472, 4/3/25, District IV (recommended for publication); case activity
In a unique CHIPS appeal, COA clarifies the proper role of corporation counsel when another party files a CHIPS petition.
COA holds that while service was defective in TPR, court’s factual findings merit affirmance
Brown County v. N.H., 2024AP1991-1993, 4/2/25, District III (1-judge decision, ineligible for publication); case activity
Although the County erred by listing the wrong date in a published notice, COA affirms given the court’s factual findings that the respondent was served by mail.
COA affirms resentencing denial, holds judge’s comments about defendant’s non-criminal sexual behavior, etc. did not show objective bias
State v. Anthony J. LaRose, 2022AP647-CR, District 3, 3/25/25 (not recommended for publication); case activity (including briefs)
LaRose appeals an order denying his postconviction motion for resentencing on his conviction for first-degree sexual assault of a child, in which he claimed that the circuit court judge was biased against him based on three sets of facts. COA rejects all of LaRose’s arguments and affirms, holding that the court’s comments were related to appropriate sentencing factors and LaRose failed to establish sufficient risk of actual bias.
Seventh Circuit remands for new trial as to whether MPD officers conducted illegal stop and frisk
Isaiah Taylor v. Justin Schwarzhuber, No. 23-3151, 3/17/25
In a rare win, Taylor will have another chance to prove that MPD officers violated his rights when they seized him while he was out delivering a Christmas turkey to a friend.
At least two justices on US Supreme Court believe it is high time to rethink Confrontation Clause jurisprudence
In their dissents from an order denying cert, two justices leave a trail of breadcrumbs for litigators frustrated by the discordant state of the law with respect to the Constitution’s Confrontation Clause.
SCOTUS grants new trial due to prosecutor’s failure to correct false testimony
Glossip v. Oklahoma, USSC No. 22-7466, 2/25/2025; Scotusblog page (with links to briefs and commentary)
In a 5-3 defense win, the legal system finally yields to the prosecutor’s concession that Glossip is entitled to a new trial.