On Point

Dane County v. L.D.D., 2024AP1267, District IV, 10/24/24 (one-judge decision; ineligible for publication); case activity

The Court of Appeals affirmed the circuit court’s order terminating L.D.D.’s parental rights after it entered default judgment when she did not appear at the hearing on grounds to terminate or the disposition hearing.  The Court also affirmed the circuit court’s order denying L.D.D.’s motion to vacate the default judgment based on new evidence.

State v. Goth, 2024AP519-CR, 10/10/24, District IV (not recommended for publication); case activity

Goth challenges his plea to an amended charge of third-degree sexual assault. The parties agree he made a prima facie showing that the circuit court erred at the plea by failing to ascertain his awareness of “the purpose element” of sexual contact. The COA concludes that the state failed to establish that despite the court’s failure, Goth  was aware of the purpose element when he entered his plea. (¶¶1-2).

State v. C.M., 2024AP1416-1418, District I, 10/15/24 (one-judge decision; ineligible for publication); case activity

The parent’s challenge to the court’s discretionary termination decision goes nowhere given the standard of review.

Fond du Lac County Dept. of Social Services v. T.P.W., Jr., 2024AP553, 10/9/24, District II (one-judge decision; ineligible for publication); case activity

COA affirms circuit court’s decision refusing to instruct jury regarding “impossibility” at T.P.W.’s trial to terminate his parental rights because he was incarcerated two months after conditions for return were ordered and his incarceration was not sole basis he failed to meet conditions.

A.K.B. v. J.J.G., 2024AP1116, 10/9/24, District II (one-judge decision; ineligible for publication); case activity

“Jay” appeals from orders terminating his parental rights and denying his postdisposition motion, arguing the circuit court erroneously exercised its discretion when it terminated his parental rights under the voluntary termination statute, Wis. Stat. § 48.41, rather than applying the hearing procedure for involuntary terminations as set forth in § 48.422. The COA affirms.

State v. Kahreem Rashah Wilkins, Sr., 2023AP1385-CR, 10/8/24, District I (not recommended for publication); case activity

In a 2-1 decision, the Court of Appeals reversed the circuit court’s order granting Kahreem Wilkins’ motion to suppress evidence seized from his vehicle.  The majority found that Wilkins was not seized when police approached the vehicle and saw a firearm in plain view, while the dissent concluded a reasonable person surrounded in his vehicle by four officers would not feel free to leave.

State v. S.O., 2024AP1350, 10/8/24, District I (one-judge decision; ineligible for publication); case activity

S.O. (“Sarah”) challenges the order terminating her parental rights to her son, “Daniel,” arguing that the circuit court erroneously exercised its discretion at disposition when it failed to explicitly consider Daniel’s wishes.

State v. McAdory, 2023AP645-CR, petition for review of a published court of appeals decision, granted 10/7/24; case activity (including briefs)

In a case with potential ramifications for future OWI appeals, SCOW has opened yet another chapter in this ongoing appellate saga.

State v. Ramirez, 2022AP959, petition for review of a published court of appeals decision, granted 10/7/24; reversed 6/27/25 case activity (including briefs)

In a case involving what we labeled as a “big” defense win, SCOW accepts the State’s petition for review asking for clarification of the law pertaining to constitutional speedy trial violations.

Waushara County DHS v. A.M.S., 2024AP730-733, District IV, 10/3/24 (one-judge decision; ineligible for publication); case activity

In a dense and fact-specific opinion, COA rejects A.M.S.’s attempts to argue that she was precluded from presenting relevant evidence at her TPR trial and affirms.