On Point

Marathon County DHS v. S.K., 2021AP1124 & 2021AP1125, District 3, 11/18/21 (one-judge decision; ineligible for publication); case activity

The circuit court granted partial summary judgment on the petitions to terminate the parental rights of S.K. (“Sarah”) for failure to assume parental responsibility of her two daughters. The court of appeals reverses, holding there are genuine issues of material fact that require a trial on the grounds for the petitions.

Trempealeau County DSS v. T.M.M., 2021AP100 & Trempealeau County DSS v. T.M.M., 2021AP139, District 3, 11/12/21 (one-judge opinions; both ineligible for publication); case activity: 2021AP100 & 2021AP139

The court of appeals agrees with T.M.M. (“Tiffany”) that the evidence presented at her recommitment hearing was insufficient to prove she was dangerous under one of the standards listed in § 51.20(1)(a)2. The court also rejects as moot her appeal of an order transferring her under § 51.35(1)(e) to a more restrictive placement while she was still under the original commitment order.

Waukesha County v. E.J.W., 2021 WI 85, 11/23/21, reversing an unpublished court of appeals’ opinion; case activity

This 4-3 “defense win” delivers a 1-2-3 punch! The decision:  (1) holds that a person undergoing commitment has the right to demand a jury 48 hours before the time set for his final hearing–even if the hearing is rescheduled; (2) reverses a recent, published court of appeals opinion to the contrary; and (3) resolves a split over the proper remedy for cases where the appellate court holds that the circuit court erred, but the underlying commitment order has expired.  (Answer: Simply reverse because the circuit court lacks competency to conduct remand proceedings on an expired commitment order.)

Have your mentally ill clients been denied medication or over-medicated? Have they been placed in seclusion or denied access to a phone or to interpreters?

Section 51.61 establishes “patients rights” for persons receiving services for mental illness, developmental disabilities, or drug dependency, pursuant to Chapters 48, 51, 55, 971, 975 or 980. When your client says that their rights are being violated, consider sending them a copy of Disability Rights Wisconsin’s new Do It Yourself Guide to Filing a Patient/Client Grievance.

Since 2019, SCOW’s most steadfast liberal allies are Justices A.W. Bradley and Dallet. Its most conspicuous conservative allies are Justices Roggensack and Ziegler. SCOWstats’ latest post takes a peek at cases where these allies have disagreed.

State v. M.P.H.-R., 2021AP1628, 11/23/21, District 1 (1-judge opinion, ineligible for publication); case activity

M.P.H.-R gave birth to A.S.H. in 2011 when she was just 14 years old. Since then both mother and daughter have suffered mental health problems. They lived together briefly twice over the intervening 10 years. Otherwise, for 7 years A.S.H. has lived with a foster family.  The trial court terminated M.P.H.-R.’s parental rights based on §48.426(3)‘s “best interests of the child” factors. The court of appeals affirmed.

State v. Christopher D. Wilson, 2020AP1014-CR, petition for review of an unpublished decision granted 11/17/21; case activity (including briefs)

Issue presented (from the petition):

Did the police have implicit license to enter the backyard of Mr. Wilson’s home through a gated privacy fence?

State v. Jeffrey L. Moeser, 2019AP2184-CR, petition for review of an unpublished decision granted 11/18/21 ; case activity (including briefs)

Issue presented (from the petition):

Whether the ‘Oath’ requirement under the Fourth Amendment of the US Constitution and Article 1, Section 11 of the Wisconsin Constitution require a police officer to swear an oath to the truthfulness of an affidavit used to obtain a search warrant to conduct an evidentiary blood draw in a criminal OWI matter?

State v. Alex Stone Scott, 2021 WI App 84; case activity

This split, recommended-for-publication opinion, merits further review.  Scott drove M.S.’s truck without her permission and damaged it in the process.  Undamaged, the truck’s Kelly Bluebook value was $2,394. M.S. testified that she did not want to repair the truck, but the circuit court nevertheless awarded restitution based on the cost of repair: $5,486.37. It also found that Scott, who was mentally ill and living on a minuscule SSDI benefit, was able to pay it. Judges Grogan and Neubauer affirmed. Reilly dissented.

State v. Roman T. Wise, 2021 WI App 87; case activity (including briefs)

Wise was convicted of 4 counts of fleeing or eluding an officer under §346.04(3). He claimed trial counsel was ineffective for failing to seek dismissal of 3 of his 4 charges on the grounds that they were multiplicitous. The court of appeals held that the charges were not multiplicitous because each one required proof of a different element or fact. Thus, the circuit court appropriately denied Wise’s ineffective assistance of counsel claim without a hearing.