On Point

State v. James P., 2005 WI 80, affirming, 2004 WI App 124 Issue: Whether biological father’s parental rights could be terminated on the ground of “abandonment” where he was not adjudicated as father until after alleged periods of abandonment. Holding: ¶15 We hold that an individual who is in fact the biological father of a […]

Sheboygan County DSS v. Rachel B., 2005 WI 84, reversing unpublished decision IssueWhether competency challenge to a TPR proceeding is waived under § 48.422(2) if not first raised in circuit court. Holding: ¶2        We conclude such a competency challenge based on the violation of the statutory time limitation of Wis. Stat. § 48.422(2) cannot be waived, even though […]

State v. James E. Brown, 2006 WI 100, reversing summary order For Brown: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶59      To earn a Bangert evidentiary hearing, a defendant must satisfy a second obligation. In addition to making a prima facie case that the circuit court erred in the plea colloquy, a defendant must allege he did not enter […]

State v. Derek Anderson, 2005 WI 54, on certification For Anderson: Neil C. McGinn, SPD, Milwaukee Trial; Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: ¶59 We agree with the State that while Krnak’s statement to Ellifson does not technically qualify as an excited utterance, or statement of recent perception due to timing problems, it does […]

State v. Antwan B. Manuel, 2005 WI 75, affirming 2004 WI App 111 For Manuel: Steven D. Phillips, SPD, Madison Appellate Issue/Holding1 [general principles]: ¶29      … As this court summarized in Weed, for a statement to fit recent perception exception, it must pass the following three criteria: (1) the statement was not made in response […]

State ex rel. Individual v. Davis, 2005 WI 70, on certification For Subpoenaed Individual: Stephen P. Hurley, Marcus J. Berghahn, Hal Harlowe Issue/Holding: ¶15      A writ of prohibition is an extraordinary remedy that normally will not issue except in the absence of other adequate remedies. [6]As a remedy, writs of prohibition are often used in […]

State v. Eric W. Raye, 2005 WI 68, reversing unpublished decision of court of appeals For Raye: Brian C. Hough Issue: Whether the defendant failed to lodge contemporaneous objection (which would have waived appellate challenge) to a non-unanimous verdict revealed during jury polling when a juror indicated he did not in fact subscribe to the […]

Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children. Holding: ¶71      The State’s interest in terminating parental rights promptly […]

Dane Co. DHS v. P.P., 2005 WI 32, affirming unpublished decision Issue: Whether § 48.424(4) (2001-02) on its face violates substantive due process, in failing to require an individualized determination of unfitness as a precondition for termination of parental rights. Holding: A parent has a fundamental liberty interest at stake in parenting his or her […]

State of Wisconsin ex rel. Mateo D.O. v. Circuit Court, 2005 WI App 85 For Mateo D.O.: Colleen Bradley, SPD, Oshkosh Trial Issue/Holding: ¶15. A petition for a writ of mandamus or prohibition is an appropriate remedy to redress the denial of judicial substitution. See State ex rel. James L.J. v. Circuit Court for Walworth County, […]