On Point

State v. Michael Gene Wiskowski, 2021AP2105, review of a per curiam court of appeals decision granted 9/26/23; reversed 6/18/24 case activity (including briefs, PFR and response)

Issues presented (from the PFR):

When the report of a person sleeping in a car while waiting in line at a drive thru is contradicted by the officer’s observation of the car driving on the road without any traffic violations, is there reasonable suspicion to stop the car or can police justify the stop based on the community caretaker doctrine?

After the stop, when the driver provides a reasonable explanation, can the officer use the community caretaker doctrine to extend the stop to perform field sobriety tests?

Winnebago County v. D.E.S., 2023AP460, 9/20/23, District 2 (one-judge decision; ineligible for publication); case activity

This is a nice case to know, both for its careful, thorough analysis of a common ch. 51 problem–commitments based entirely or extensively on hearsay–and its collection of other cases analyzing the same issue. The sole witness at D.E.S. (“Dennis”)’s extension hearing was a Dr. Anderson, who had witnessed none of the behaviors she relied on to conclude that Dennis was dangerous, instead reading them from his institutional records. Over objection, the trial court relied on them anyway. The court of appeals now reverses the commitment because absent the hearsay, there was no evidence tending to show that Dennis would be dangerous if treatment were withdrawn.

State v. Troy Allen Lanning, 2021AP1849, 9/19/2023, District 3, recommended for publication; case activity (including briefs)

Here’s an odd one. The state charged Lanning in a meth trafficking operation and separately filed a civil action seeking forfeiture of some real property that he owned, had lived in, and, said the state, distributed meth from. See Wis. Stat. § 961.55. Eventually Lanning and the state reached a deal involving a plea to one criminal count and Lanning’s forfeiture of his cash proceeds from the meth operation. The state also agreed to dismiss the action for forfeiture of Lanning’s real estate. In fact, the elected DA told the court a junior prosecutor had filed the real-estate forfeiture case without authorization, and that the DA believed it would be “a nightmare” for the state to try to obtain title.

State v. R.A.M., 2023AP441, 6/6/23, District 1 (unpublished one-judge decision), GAL’s PFR granted, 9/26/23, affirmed 6/25/24;  case activity

As we previously explained, in a 1-judge decision, the court of appeals reversed an order terminating R.A.M.’s parental rights because the circuit court proceeded to disposition in violation of  § 48.23(2)(b)3.’s rule that 2 days must elaspe between a circuit court’s default judgment finding and disposition. And since the court proceded immediately to disposition, the court (1) violated R.A.M.’s due process rights and (2) lost competency to proceed to disposition.

State of New Jersey v. Darryl Nieves/ State of New Jersey v. Michael Cifelli,  Docket Nos. A-2069-21 & A-2936-21, 9/13/2023 (available on Westlaw as 2023 WL 5947996)

This is a guest post by Attorney Kathleen Pakes, Director of the Assigned Counsel Division

In a must-read opinion, the New Jersey appellate court lays out the shortcomings with the SBS/AHT dogma, upholding the trial court’s decision to not admit what it viewed as “junk science.”

State v. Aaron L. Jacobs, 2022AP658-659, 2022AP661-663, 9/19/23, District 3 (recommended for publication); case activity (including briefs)

The key takeaway from this soon to be published court of appeals decision may seem obvious and inarguable, but as we’ll see below, the state pursued and the circuit court blessed what would have been a massive expansion of the most commonly charged crime in the state of Wisconsin: bail jumping.

Manitowoc County v. M.B., 2023AP163-164, 9/20/23, District II(one-judge decision; ineligible for publication); case activity

Applying a deferential standard of review, COA holds that the circuit court did not err when it ordered a parent to comply with an out-of-state psychosexual evaluation/assessment as a condition of return.

Waupaca County v. J.D.C., 2023AP961, 9/14/23, District IV (one-judge decision; ineligible for publication); case activity

In another big defense win, COA clarifies the two requirements imposed on circuit courts by Langlade County v. D.J.W. and provides a roadmap for future challenges.

Washington County H.S.D. v. Z.A.Y., 2023AP447, 9/13/23, District II (one-judge decision; ineligible for publication); case activity

In a big defense win, COA reverses a commitment and accompanying medication order due to the circuit court’s failure to make specific findings.

Winnebago County v. C.H., 2023AP505, 8/30/23, District 2 (one-judge decision; ineligible for publication); case activity

In this Ch. 51 appeal, COA swats aside familiar 51 arguments, expresses its frustration with a “flood” of Ch. 51 appeals and, with approving citation to a dissent from SCOW, hints that we may not have heard the last of the mootness doctrine in COA with respect to 51 appeals.