On Point

Dubin v. United States, USSC No. 22-10, 2023 WL 3872518 (June 8, 2023), vacating and remanding United States v. Dubin, 27 F.4th 1021 (5th Cir. 2022); Scotusblog page (including links to briefs and commentary)

Faced with competing interpretations of a penalty enhancement statute, the Supreme Court adopts the narrower interpretation based on both a careful reading of the language and context of the statute and its “tradition[] of “exercis[ing] restraint in assessing the reach of a federal criminal statute.” (Slip op. 17).

State v. S.S., 2022AP1179 & 2022AP1180, District I, 6/7/23 (one-judge decision; ineligible for publication); case activity (briefs not available)

In yet another TPR appeal with a parent alleging a defective plea colloquy, the court of appeals finds that the State proved the plea was knowing, intelligent, and voluntary at a postdisposition hearing.

State v. I.B., 2022AP911 & 2022AP912, District I, 6/6/23 (one-judge decision; ineligible for publication); case activity (briefs not available)

Although the State appears to have conceded it did not follow the statutory requirements for proper service of the petition(s) in this TPR, Ivy’s appeal fails because she did not object below. And, because the error could have been cured if counsel had objected, her ineffectiveness claim also fails.

State v. Garland Dean Barnes, 2023 WI 45, 6/6/2023, affirming a per curiam court of appeals decision, case activity (including briefs)

Review was granted in on two issues: (1) whether a defendant can “open the door” to testimony that violates his right to confrontation and (2) whether a non-testifying officer’s statement that he saw the defendant commit the crime was admissible because it was not offered to prove that the defendant did in fact commit the crime. See here. However, a unanimous court affirms Barnes’ conviction on harmless error grounds and “assume[s] without deciding that Barnes’ confrontation right was violated.” (Opinion, ¶3).

Barron County DH & HS v. J.W., 2023AP60, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity

J.W. (“Jill”) challenges the sufficiency of the evidence to prove continuing CHIPS grounds for terminating her parental rights and the circuit court’s exercise of discretion in terminating her rights at the disposition hearing. Neither challenge succeeds.

Barron County DH & HS v. Q.B., 2023AP37, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity

At the trial to terminate the parental rights of Q.B. (“Quan”) on grounds of continuing CHIPS and failure to assume parental responsibility, a substance abuse counselor referred to Quan having spent “quite a bit of time incarcerated over the years” before the entry of the CHIPS order. (¶¶8-9, 24). The circuit court then declined to give a cautionary instruction. Assuming the evidence was inadmissible and that a cautionary instruction was appropriate, the error was harmless.

Brown County DH & HS v. T.H., 2022AP2168, 2022AP2169, 2022AP2170, & 2022AP2171, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity (for 2022AP2168, with links to other consolidated cases)

T.H. (“Terese”) argues the circuit court erroneously exercised its discretion in terminating her rights to her four children based on continuing denial of physical placement or visitation grounds, § 48.415(4), because it failed to account sufficiently for, and give appropriate weight to, her positive change and the progress she made in meeting court-ordered conditions for reunification. The court of appeals disagrees, finding the circuit court analyzed all the dispositional factors for each child, employed a rational thought process, and weighed the important factors that were supported by the record.

State v. Conrad M. Mader, 2022AP382-CR, District 2, 6/7/23 (recommended for publication); case activity (including briefs)

Mader was convicted of repeated sexual assault of his stepdaughter. He argues his trial lawyer was ineffective in numerous ways. The court of appeals agrees trial counsel performed deficiently in three respects, but holds trial counsel’s mistakes weren’t prejudicial and therefore Mader isn’t entitled to a new trial.

Winnebago County v. T.G., 2022AP2078, District 2, 6/14/23 (one-judge decision; ineligible for publication); case activity

At the final hearing on a petition to commit T.G. (“Thomas”) under § 51.20, the County presented evidence he threw urine and feces at a guard on one occasion and later made a threat that he’d act in a way that would require staff to “suit up” and do a cell extraction and then “hurt” staff. (¶¶3-5). Considered together, this evidence satisfied the dangerousness standard under § 51.20(1)(a)2.b.

Winnebago County DHS v. B.K.V., 2023AP310, District 2, 6/7/23 (one-judge decision; ineligible for publication); case activity

B.K.V. filed a postdisposition motion for a new trial in her termination of parental rights proceeding. The court of appeals affirms the circuit court’s denial of her motion.