On Point
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On Point is the law blog of the Wisconsin State Public Defender that provides information about important developments in the law. The Wisconsin State Public Defender's Office (SPD) provides legal representation for persons who are accused of crimes or are defendants in certain specified civil matters, and who meet statutory financial eligibility criteria.
On Point
3d ago
City of Platteville v. Travis Jon Knautz, 2024AP1291 & 1292, 12/5/24, District IV (1-judge decision, ineligible for publication); case activity In this drunk driving forfeiture case, the city appeals an order granting Knautz’s motion to suppress all of the evidence that police obtained after an investigatory traffic stop. The COA affirms, concluding that the city ..read more
On Point
3d ago
State v. Q.D.R., 2024AP1067, 12/3/24, District I (one-judge decision; ineligible for publication); case activity In a matter of first impression, COA rejects Q.D.R.’s statutory construction arguments and holds that funeral costs are recoverable under the juvenile restitution statute. “Quentin” entered a plea admitting a robbery with use of force and agreed to have a separate ..read more
On Point
3d ago
State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, petition for review of a per curiam court of appeals decision, granted 11/12/24; case activity (including briefs) The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal ..read more
On Point
1w ago
Vernon County v. F.W.R., 2024AP203, District IV, 11/6/24 (one-judge decision; ineligible for publication); case activity COA rejects F.W.R.’s challenges to his involuntary commitment order under Wis. Stat. § 51.20 for alcohol dependence, concluding that a person may be involuntarily committed for treatment for alcoholism, the circuit court followed the proper procedures and the county met ..read more
On Point
2w ago
M.S. v. R.F., 2024AP814, District I, 11/19/24 (one-judge decision; ineligible for publication); case activity The Court of Appeals affirmed the circuit court’s order granting M.S. (referred to as Michelle) relief from her voluntary termination of parental rights because her decision to terminate was premised on terminating R.F.’s (referred to as Richard) parental rights, and the ..read more
On Point
2w ago
N.C. v. R.G., 2024AP996, District II, 11/20/24 (one-judge decision; ineligible for publication); case activity In a TPR appeal with a very unusual posture, COA rejects the petitioner’s appeal given her failure to abide by the rules of appellate procedure. N.C. filed a pro se petition to terminate R.G.’s parental rights with respect to their child, Elle ..read more
On Point
2w ago
Richland County DH&HS v. D.M.K., 2022AP2190, District IV, 11/14/24 (one-judge decision; ineligible for publication); case activity In a somewhat rare CHIPS appeal, COA upholds the circuit court’s decision to remove adversary counsel but reverses the court’s order modifying that attorney’s request for fees. This appeal arises from a CHIPS proceeding initiated in 2014. (¶3). Given ..read more
On Point
3w ago
State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; case activity In a case that we correctly identified as SCOW bait, SCOW accepts review of the State’s petition for review asking to modify the substantive law on vouching as applied by COA. The case is also ..read more
On Point
3w ago
Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, petition for review of a published court of appeals decision, granted 11/12/24; case activity (including briefs) SCOW granted review to determine whether an expunged conviction for a misdemeanor crime of domestic violence under Wisconsin law qualifies as an “expungement” under 18 U.S.C. § 921(a)(33)(B)(ii) for purposes of obtaining ..read more
On Point
3w ago
State v. Lynetta Lake, 2024AP115-CR, 11/12/24, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) Lake pleaded guilty to negligent operation of a motor vehicle and hit and run of an attended vehicle. Following a hearing, the circuit court ordered restitution. Lake filed a postconviction motion alleging ineffective assistance of counsel for failing ..read more