Marathon County v. T.R.H., 2022AP1394, 3/14/23, District 3 (1-judge opinion, ineligible for publication); case activity Counties often seek recommitment under §51.20(1)(a)2.c, the third standard of dangerousness. It is the easiest standard to satisfy–especially at the recommitment stage. But not this
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On Point is sponsored by the Wisconsin State Public Defender. All content is subject to public disclosure. If you have questions about this blog, please email Colleen Ball at ballc@opd.wi.gov or Jefren Olsen at olsenj@opd.wi.gov.
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“Active efforts” to preserve family required by ICWA are measured at time of disposition, not by long-term prospect for parent to regain custody
Brown County v. J.J., 2021AP1079, District 3, 3/7/23 (one-judge decision; ineligible for publication); case activity Before an Indian child subject to a CHIPS proceeding is placed out of the home of his or her parent or Indian guardian, § 48.028(4)(d)2.…
COA knocks down straw man and affirms denial of defendant’s motion to suppress
State v. Linsey Nichole Howard, 2022AP1608-CR, District 2, 03/08/2023, (one-judge decision, ineligible for publication) case activity Prior to pleading guilty to operating a vehicle with a restricted, controlled substance as a second offense, Howard filed a motion to suppress, claiming…
Defense win! County failed to prove examiner gave “reasonable explanation” of medication
Milwaukee County v. D.H., 2022AP1402, 3/7/23, District 1 (1-judge opinion, ineligible for publication); case activity To obtain an involuntary medication order, a county must satisfy the multi-step test for incompetency to make medication decisions in §51.61(1)(g)4. The first step requires…
COA: for initial commitments, counties needn’t move examiners’ reports into evidence
Outagamie County v. L.X.D.-O, 2020AP1806, 3/7/23, District 3, (recommended for publication); case activity Unfortunately, the court of appeals just turned Chapter 51 and due process upside down in a published opinion. It holds that counties must move examiners’ reports into…
Defense win – tenant had standing to challenge unlawful search of basement
State v. Brooke K. Eder, 2021AP485, 2/28/23, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Officers got a warrant to arrest one Estes. The warrant permitted them to search Eder’s apartment for Estes; the affidavit gave various…
With three separate writings, SCOW upholds COA on confrontation
State v. Oscar C. Thomas, 2023 WI 9, 2/21/23, affirming a published court of appeals decision; 2020AP32; case activity (including briefs) As on quite a few previous occasions, our high court has issued a decision without a single majority one…
Introducing FAQ posts!
State Public Defender attorneys and practice group coordinators sometimes field recurring questions about a point of law or a problem popping up in cases around the state. So we at On Point are experimenting with FAQ posts. From time to…
FAQ: May a criminal court order involuntary medication based on a defendant’s dangerousness?
Mandatory Circuit Court Form CR-206 suggests that in a criminal case the circuit court may order involuntary medication for an incompetent defendant because he is dangerous. Is the form correct? No, under the current state of federal and Wisconsin law,…
Defense win: Nonprosecution agreement isn’t void for violating public policy
State v. Debra L. Rippentrop & Steven E. Rippentrop, 2022AP92-CR & 2022AP93-CR, District 4, 2/23/23 (recommended for publication); case activity (including briefs) 2022AP92-CR and 2022AP93-CR The nonprosecution agreement the Rippentrops made with the state doesn’t violate public policy and is…