On Point

State v. Michael Justin Schwersinske, Jr., 2022AP162-CR, District 2, 8/10/22 (one-judge decision; ineligible for publication); case activity (including briefs)

Schwersinske concedes the lawfulness of the initial stop of the car he was driving for crossing the centerline of Highway 151. But he argues, unsuccessfully, that the officer didn’t have reasonable suspicion to extend the stop to have Schwersinske do field sobriety tests.

State v. S.S.M., 2022AP524 & 2022AP525, District 1, 8/2/22 (one-judge decision; ineligible for publication); case activity

Under § 48.415(intro.), termination of parental rights to children subject to the Indian Child Welfare Act (ICWA) requires, in addition to proof of one or more grounds for termination under subs. (1) to (10), proof of “active efforts,” as defined in § 48.028(4)(e)2., to prevent the breakup of the family as well as the unsuccess of those efforts. S.S.M., whose children are not subject to the ICWA, argues that the statute’s failure to require proof of active efforts in all TPR cases violates the right to equal protection the statute because it gives Indian parents greater protection from having their parental rights involuntarily terminated than it does non-Indian parents. The court of appeals rejects the claim.

State v. Andrew Austin Keenan-Becht, 2022AP73-CR, District 2, 8/3/22 (one-judge decision; ineligible for publication); case activity (including briefs)

Under the long-standing test for probable cause, Keenan-Becht’s arrest was lawful.

State v. Kevin Lee Wilke, 2020AP1068-CR, District 3, 8/2/22 (one-judge decision; ineligible for publication); case activity (including briefs)

The court of appeals rejects Wilke’s arguments for a new trial and his challenge to the sufficiency of the evidence.

On July 27, 2022, the court of appeals ordered the publication of the following criminal law related decisions:

SCOWstats just reviewed 70 Wisconsin Supreme Court decisions over the past 2 years to determine which court of appeals judge was reversed most often and least often.  And the winners are . . . SCOW reversed Judges Dugan, Donald and Kessler (and District 1 in general) most often.  It reversed Judge Davis least often.

Manitowoc County v. J.M.K., 2022AP122, 7/27/22, District 2, (1-judge opinion; ineligible for publication); case activity

J.M.K.  is currently diagnosed with schizoaffective disorder. He has been committed several times since 2015. Right now he is doing well. He lives in a supervised apartment but holds a job, participates in community activities, and works out at the YMCA. The county monitors his medication compliance because in the past when he has stopped taking them he deteriorated rapidly.

Brown County v. J.V., 2022AP532, 7/28/22, District 3 (1-judge opinion, ineligible for publication); case activity

In a modified CHIPS dispositional order, the circuit court stated that it was suspending Jennifer’s visitation rights to her son, subject to her completing certain conditions. The court did not orally warn her that her parental rights could be terminated if her visitation rights weren’t reinstated within 1 year. Nor did the written order indicate that her rights could be terminated based on continuing denial of visitation under §§ 48.415(4) and 48.356(2).

State v. Robert Daris Spencer, 2022 WI 56, July 6, 2022, affirming in part and reversing in part an unpublished court of appeals decision; case activity (including briefs)

A majority of the supreme court holds that Spencer had no right to be personally present or even to have counsel present when the trial judge decided to dismiss a juror for cause just before deliberations began because the judge’s interaction with the juror wasn’t a critical stage of the proceedings. 

Chippewa County Dep’t of Health and Human Servs. v. J.W.., 2021AP1986, 7/19/22, District  3, (1-judge opinion, ineligible for publication); case activity

“Janine” raised an insufficient evidence claim and several ineffective assistance of counsel claims in her appeal from an order terminating her parental right to her son.  This post focuses on two of the IAC claims. Counsel failed to object to (1) portions of the county social worker’s testimony, and (2) new information that the GAL introduced during closing statements.