On Point

Walworth County v. E.W., 2023AP289, 11/1/23, District II (one-judge decision; ineligible for publication); case activity

Defying the recent trend of hearsay victories in Chapter 51 appeals, COA rejects E.W.’s attempt to argue that the admission of hearsay evidence at his final hearing constituted “plain error.”

State v. Michael Pruett Rudolf, 2022AP157, 10/31/23, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

An officer saw Rudolf swerve over the fog line and nearly strike the curb several times. Rudolf then drove lawfully for 3/4 of a mile before pulling into the parking lot of a closed auto dealership at 10:40 p.m. The officer detained Rudolf.  Lawful stop?

Jefferson County DHS v. C.T.S., 2023AP1404, 11/2/23, District 4 (one-judge decision; ineligible for publication); case activity

C.T.S. appeals an order terminating his parental rights to his son, K.S. The court of appeals affirms, holding the county adduced sufficient evidence of the continuing CHIPS ground and acted within its discretion in weighing the dispositional factors.

J.S. v. J.T., 2023AP38-39, 10/31/23, District 3 (one-judge decision; ineligible for publication); case activity

“Jack” filed for termination of “Jasmine’s” parental rights to their two children. At trial, Jasmine’s counsel didn’t object when Jack’s lawyer elicited testimony from a social worker that the children “seemed to love it” at the house Jack shared with his wife, that the couple were transparent, and that they had a “great support person.” The court of appeals doesn’t decide whether this was deficient performance, instead concluding that Jasmine didn’t show she was prejudiced by the admission of the testimony against her.

D.T.S. v. B.E.C., 2023AP1081, 10/5/23, District 4 (one-judge decision; ineligible for publication); case activity

B.E.C. is A.R.G.’s birth mother. D.T.S. is A.R.G.’s father. D.T.S. had sole physical custody after her mother left A.R.G. in his care when A.R.G. was two. Later, D.T.S. remarried and moved for termination of B.E.C.’s rights to A.R.G., alleging, as relevant here, abandonment. His new wife also petitioned to adopt the girl. The jury found B.E.C. unfit and the circuit court terminated her rights.

State v. Matthew E. Sullivan, 2023AP2138, 10/19/23, District IV (one-judge decision; ineligible for publication); case activity

Prior to his refusal hearing, Sullivan requested a continuance so he could obtain counsel. The circuit court denied his request. Sullivan then represented himself and challenged the sought after revocation by relying on the affirmative defense that a “physical disability or diseased unreleated to the use of alcohol” caused him to refuse the test. See Wis. Stat. § 343.305(9)(a)5.c. The circuit court rejected Sullivan’s affirmative defense and revoked his license. The court of appeals affirms.

State v. Jason William Castillo, 2023AP398, 10/26/23, District IV (one-judge decision; ineligible for publication); case activity

Castillo refused to submit to a chemical test for intoxication and subsequently challenged the revocation of his driver’s license. In doing so, however, Castillo claims only that he was unlawfully seized prior to his refusal and that the unlawful seizure should result in the suppression of the evidence. The court of appeals and the state agree that Castillo was unlawfully seized, but Castillo’s suppression claim fails because “there was no form of misconduct by the deputy and exclusion would not “appreciably deter” any form of police misconduct.” (Op., ¶3).

State v. Carlos Aguilar, 2022AP1826, 10/5/2023, District 4 (not recommended for publication); case activity (including briefs)

The state charged Aguilar with false imprisonment, which is a felony, and several misdemeanors relating to a domestic incident. At the original prelim, the circuit court dismissed the felony charge as not supported by probable cause. The state refiled and a second prelim was held, at which the state presented some additional testimony and some body cam footage. The circuit court again held there was not probable cause for the false imprisonment count, and again dismissed it. The state appealed. The court of appeals now reverses, rejecting Aguilar’s argument that the refiling should not have been allowed, and holding that the state showed probable cause at the second prelim; it thus remands for the case to proceed.

On October 25, 2023, the court of appeals ordered publication of two criminal law related decisions: State v. Troy Allen Lanning, 2023 WI App 52 (holding that a pending criminal prosecution means civil forfeiture proceeding need not be held within 60 days) State v. Aaron L. Jacobs, 2023 WI App 53 (rejecting state’s expansive bail […]

Chippewa County Department of Human Services v. T.M.J., 2023AP463 & 2023AP464, 10/24/23, District III (one-judge decision; ineligible for publication); case activity

In another fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 2 children.