On Point

Eau Claire County DHS v. S.E., 2021 WI 56, affirming a published court of appeals opinion, 2019AP894, 6/10/21, case activity

In a 4-3 decision, SCOW holds that a 2018 amendment to the TPR statute, which imposed a more exacting timeframe for parents to preserve their parental rights, applied to a CHIPS order entered in 2016 when the statutory timeframe was more lenient. So much for the plain language of the statute and due process.

State v. M.D.M., 2021 WI App 42; case activity

In 2014, the State filed petitions charging M.D.M., a juvenile, with multiple counts of delinquency. He was found incompetent but likely to regain, so the court suspended these cases. In 2016, the State filed a new petition charging M.D.M. with 1 count of delinquency. This time M.D.M. was found competent to proceed, so the State wanted to resume prosecution of his 2014 case as well. This published opinion establishes the procedure for recalling a case after a juvenile regains competency.

Sheboygan County v. M.J.M., 2020AP1744, 6/9/21, District 2 (1-judge opinion, ineligible for publication); case activity

This is new. M.J.M. appealed a recommitment order which expired during the course of his appeal. The usual kerfuffle regarding mootness ensued but this time (unlike here and here) the court of appeals acknowledged that the issue of whether recommitment may be dismissed as moot was pending before SCOW in Sauk v. S.A.M, and so reached the merits of this case. It then found sufficient evidence of dangerousness based on threats M.J.M. made during his expiring commitment and because of what he would do if treatment were withdrawn.

According to the ABA, the Arkansas Supreme Court has suspended a judge for his impatient, discourteous, and rude behavior toward public defenders.  He left the bench in the middle of questioning by a PD, refused to allow a PD to make her record regarding an objection, made alarming faces in court, and generally bullied them. The supreme court not only suspended him without pay for 30 days, it ordered him to hire a life coach to help address his intimidating behavior.

United States v. Cooley, USSC No. 19-1414, 141 S.Ct. 1638 (June 1, 2021), vacating and remanding 919 F.3d 1135 (9th Cir. 2019); Scotusblog page (including links to briefs and commentary)

A unanimous Court holds that tribal police officers have the power to search and temporarily detain non-Indians suspected of breaking federal or state laws within reservations.

State v. Chrystul D. Kizer, 2021 WI App 46, state’s petition for review granted 9/14/21, affirmed, 2022 WI 58; case activity (including briefs)

The court of appeals gives the affirmative defense in § 939.46(1m) for victims of human trafficking and child sex trafficking its ordinary, common-sense meaning, and rejects the crabbed reading given the statute by the circuit court.

State v. Roy C. O’Neal, 2020AP1270, 6/2/21, District 3 (not recommended for publication); case activity (including briefs)

A person who’s been indefinitely committed under ch. 980 is entitled to a discharge trial if he can show … well, er, nobody really knows what he has to show. In State v. Hager, our supreme court failed to reach a majority for any view on the statute (while arguably striking down the court of appeals’ attempt at a gloss). Given the absence of an ascertainable rule, it’s not too surprising that we get incoherent decisions like this one. What is a little surprising is the court of appeals’ decision to “treat [Hager‘s] lead opinion as controlling” on one aspect of the statute’s meaning. That was a three-justice lead opinion; four other justices disagreed on the point. Arguably. Is the court of appeals here treating a supreme court minority view as binding?

United States v. Cooley, USSC No. 19-1414, 2021 WL 2194835, 6/1/21, vacating 919 F.3d 1135 (9th Cir. 2019)

Cooley’s truck, parked on the side of a US highway running through the Crow Reservation in Montana, attracted the attention of a Crow Police Department officer. The officer said that when he approached the truck, he found Cooley “appeared to be non-native” and showed signs of intoxication; he also had two semiautomatic rifles on his front seat. The officer eventually ordered Cooley out of the truck and patted him down; eventually he would discover methamphetamine and paraphernalia in the vehicle.

State v. Heather Van Beek, 2021 WI 51, 2019AP447-CR, on certification from the court of appeals, 6/4/21; case activity (including briefs)

In a splintered opinion, a majority of SCOW holds that an officer does not necessarily “seize” a driver when he takes her license to run a records check. Seizure depends on the totality of the circumstances. In this case, a seizure occured when the officer continued holding a license and questioning the driver until a drug-sniff dog arrived. And the seizure was unlawful because the officer lacked reasonable suspicion that criminal activity was afoot. Roggensack wrote the majority opinion. The liberals joined some parts of it, and the remaining conservatives joined other parts.

State v. James Timothy Genous, 2021WI 50, reversing an unpublished court of appeals opinion, 2019AP435-CR, 6/4/21; case activity (including briefs)

An officer saw Genous sit in a parked car, engine running and headlights on, in a residential neighborhood at 3:36 a.m.  A woman emerged from a house, entered the car for 10 to 15 seconds, and returned to the house.  Although the officer could not see what happened inside the car, the woman appeared to match the description of a female drug user who was known to live in the house. Plus the officer had heard that this area had a reputation for drug trafficking. In a 4-3 opinion, SCOW held that these facts gave the officer reasonable suspicion to stop Genous for possible drug dealing.