On Point

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.

C.W. v. M.M., 2021AP330 & 2021AP331, District 3, 7/21/21 (one-judge decision; ineligible for publication); case activity

M.M.’s consent to voluntary termination of parental rights was valid and can’t be withdrawn.

State v. Aaron Matthew Oleston, 2020AP952-CR, District 4, 7/15/21 (one-judge decision; ineligible for publication); case activity (including briefs)

Olseston was charged with five counts of disorderly conduct for “hurling profanities and personal insults” (¶14) at Janesville police officers as they came and left the police station, as well as filming some of the encounters. Three of the five counts can’t be prosecuted because Oleston’s conduct was protected by the First Amendment; the other two can be, because they went beyond protected speech.

State v. Alexandrea C.E. Throndson, 2020AP1081-CR, District 4, 7/15/21 (not recommended for publication); case activity (including briefs)

Throndson raises two due process challenges to her sentencing: that the judge relied on inaccurate information and was objectively based. The court of appeals rejects both.

Outagamie County DHHS v. M.D.H., 2020AP86, District 3, 7/13/21 (one-judge decision; ineligible for publication); case activity

The evidence at M.D.H.’s final commitment hearing proved he was dangerous under § 51.20(1)(a)2.d.

B.W. v. S.H., 2021AP43 & 2021AP44, District 3, 6/29/21 (one-judge decision; ineligible for publication); case activity

Under the facts of this case, terminating S.H.’s parental rights on continuing denial of physical placement grounds under § 48.415(4) violated his right to substantive due process because his indigency precluded him for seeking changes in the physical placement order.

State v. David Wayne Ross, 2020AP261, 6/29/21, District 1 (not recommended for publication); case activity (including briefs)

Over a dissent, the court of appeals holds that, even if Ross is right that his trial lawyer performed deficiently in certain respects, Ross’s defense wasn’t prejudiced.

State v. Salar Zangana, 2020AP1228-CR, District 1, 6/29/21 (one-judge decision; ineligible for appeal); case activity (including briefs)

At his trial on battery and disorderly conduct charges, Zangana tried to introduce a text message he received that purported to be an apology one of the complaining witnesses. (¶¶2-4). The message was properly excluded as hearsay and evidence about what the message meant was inadmissible because it involved privileged communication between spouses.

Marathon County v. T.A.T., 2019AP1709, District 3, 6/29/21 (one-judge decision; ineligible for publication); case activity

The testimony of the the three witnesses called by the County provided sufficient evidence to support the court’s finding that T.A.T. (“Travis”) was dangerous under § 51.20(1)(a)2.a.

State v. Larry A. Brown, 2021AP12-CR, District 1, 6/29/21 (one-judge decision; ineligible for publication); case activity (including briefs)

Brown was charged with theft by embezzlement and accepted a deferred prosecution agreement for the charge. He subsequently picked up new charges of THC possession and carryng a concealed weapon, for which he was given probation. That of course led to revocation of the DPA and sentencing on the theft. Brown asked for expunction of the theft conviction, which the circuit court denied. It properly exercised its discretion in doing so.