On Point: Uncategorized

State v. L.T.H., 2022AP56 & 2022AP57, District 1, 7/19/22 (one-judge decision; ineligible for publication); case activity

L.T.H. challenges the circuit court’s refusal to terminate her grounds trial from that of the father of one of her children, its decision to allow evidence of her own experience with the child welfare system when she was a child, its refusal to allow her to testify at the dispositional hearing, and its decision to terminate her parental rights. The court of appeals rejects all her challenges.

Sheboygan County DHHS v. A.L.A., Sr., 2022AP267, District 2, 5/18/22 (one-judge decision; ineligible for publication); case activity

The circuit court didn’t err in granting the County’s motion for summary judgment on the grounds alleged in the TPR petition because A.L.A. raised no genuine issues of material fact in response to the motion.

State v. Cesar Antonio Lira, 2021 WI 81, 11/18/21, reversing an unpublished court of appeals decision; case activity (including briefs)

Section 973.15(5) provides that if an offender convicted in Wisconsin is “made available” to another jurisdiction, he or she gets credit toward his or her Wisconsin sentence “under the terms of § 973.155” for the duration of his or her custody in the other jurisdiction. The supreme court holds this language unambiguously requires that to get credit, the offender’s custody in the other jurisdiction must meet § 973.155’s requirement that the custody be “in connection with” the conduct for which the Wisconsin sentence was imposed.

Juneau County DHS v. B.J., 2021AP1359, 2021AP1360, 2021AP1361, District 4, 11/4/21 (one-judge decision; ineligible for publication); case activity

The circuit court properly granted summary judgment on the TPR petitions against B.J., based on: B.J.’s was conviction for sexually assaulting one of the children, among other crimes, for which he was sentenced to 50 years of confinement; evidence B.J. engaged or had others engage is sexually improper behavior with the children;

State v. T.T., 2021AP739, 2021AP740, 2021AP741 & 2021AP742, District 1, 7/23/21 (one-judge decision; ineligible for publication); case activity

T.T. unsuccessfully challenges the findings at the grounds phase and the dispositional order terminating his parental rights to his four children.

State v. Andre L. Thornton, 2018AP871-CR, 3/26/19, District 1 (not recommended for publication); case activity (including briefs)

A jury convicted Thornton of 1st degree reckless homicide, party to a crime. On appeal he argued that Lee, one of the State’s witnesses, had perjured himself 10 years earlier in an unrelated, federal case. Thornton requested a new trial based on this newly-discovered evidence.

State v. Jason Napiwocki, 2016AP1264-CR, 5/4/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

The circuit court didn’t erroneously exercise its discretion when it issued a final restitution order that adopted the findings of fact and conclusions of law of the court commissioner who conducted the restitution hearing.

It’s been a quiet week for appellate decisions, so here are some links to sate your appetite for law-related reading:

How often does On Point say “this is a must see”? Not too often. (Last time was John Oliver’s show on public defenders.) So trust us. You do not want to miss seeing how Bryan Wilson, Texas Law Hawk, markets his criminal defense practice. Click here!

And now for a super fun ethics quiz. Suppose you’re writing a brief challenging a lower court decision. Does calling the appellate panel “three blind mice”

Judge who told public defender “I’ll beat your ass” is suspended without pay. Click here. 

Are you careful about what you put in your emails? If not, read A Supreme Court Justice’s Indecent Inbox and then you will be!

Be patient. Supreme court justices become more liberal with age. 🙂 Click here.

Judge reprimanded for requiring indigents to perform public service in order to get appointed counsel.