On Point

Waukesha County v. A.T., 2025AP167, 4/2/25, District II (1-judge decision, ineligible for publication); case activity

“Amber” appeals from an order terminating her parental rights to her 6-year-old daughter, “Holly.” She argues the circuit court erroneously exercised its discretion at disposition. COA affirms under the deferential, erroneous exercise of discretion standard.

Winnebago County v. J.M., 2024AP1554, 4/2/25, District II (1-judge decision, ineligible for publication); case activity

COA affirmed the circuit court’s order recommitting J.M. (referred to as “James Moore”) for twelve months and authorizing involuntarily administering medication.  The Court found that Moore suffers from schizoaffective disorder, which caused him to drink an excessive amount of water to the point that he needed to be transported to the emergency room for low sodium levels in his body.  The Court therefore found that Moore is a danger to himself, and that he is a proper subject for treatment because his condition is treatable with medication.

J.H. v. J.L.B., 2025AP85, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity

COA reviews the grant of summary judgment on abandonment and failure to assume parental rights de novo and concludes that there are issues of material fact as to each ground. The court therefore reverses and remands for a fact-finding hearing.

S.G. v. Wisconsin DCF, 2024AP472, 4/3/25, District IV (recommended for publication); case activity

In a unique CHIPS appeal, COA clarifies the proper role of corporation counsel when another party files a CHIPS petition.

Brown County v. N.H., 2024AP1991-1993, 4/2/25, District III (1-judge decision, ineligible for publication); case activity

Although the County erred by listing the wrong date in a published notice, COA affirms given the court’s factual findings that the respondent was served by mail.

Jacob Alan Powers v. Jon Noble, No. 24-2134, 3/25/25

The Seventh Circuit found that Jacob Powers was competent to stand trial in a Wisconsin court in 2006 for sexual assault of a child and child enticement.  Although Powers’ IQ was in the borderline/mild mental retardation range; his trial testimony, trial counsel’s decision not to challenge his competency, and two experts’ findings that he was competent convinced the Court that he reasonably understood the charges against him, trial procedures, and could assist his lawyer in his defense.  The Court therefore affirmed the district court’s order denying Powers’ petition for a writ of habeas corpus. 

State v. Anthony J. LaRose, 2022AP647-CR, District 3, 3/25/25 (not recommended for publication); case activity (including briefs)

LaRose appeals an order denying his postconviction motion for resentencing on his conviction for first-degree sexual assault of a child, in which he claimed that the circuit court judge was biased against him based on three sets of facts. COA rejects all of LaRose’s arguments and affirms, holding that the court’s comments were related to appropriate sentencing factors and LaRose failed to establish sufficient risk of actual bias.

Isaiah Taylor v. Justin Schwarzhuber, No. 23-3151, 3/17/25

In a rare win, Taylor will have another chance to prove that MPD officers violated his rights when they seized him while he was out delivering a Christmas turkey to a friend.

State v. Justin Dennis Krizan, 2022AP1341-CR, 3/4/25, District III  (1-judge decision, ineligible for publication), case activity

Applying its recent holding in State v. Gore, 2025 WI App 11, ___ Wis. 2d ___, ___ N.W.3d ___ (see our post on Gore here), the COA concludes that Krizan’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent.

In their dissents from an order denying cert, two justices leave a trail of breadcrumbs for litigators frustrated by the discordant state of the law with respect to the Constitution’s Confrontation Clause.