Winnebago County DHS v. B.K.V., 2023AP310, District 2, 6/7/23 (one-judge decision; ineligible for publication); case activity B.K.V. filed a postdisposition motion for a new trial in her termination of parental rights proceeding. The court of appeals affirms the circuit court’s
Wisconsin State Public Defender
The Wisconsin State Public Defender's Office (SPD) has been providing "justice for all" since 1977, and is an independent, executive-branch state agency that ensures Wisconsin meets its constitutional requirement of providing legal representation to the indigent.
The mission of the Wisconsin State Public Defender is to zealously represent clients, protect constitutional rights, and advocate for an effective and fair criminal justice system. Our commitment is to treat our clients with dignity and compassion. Vision statement: The Wisconsin State Public Defender Office will lead the way in protecting justice for all.
The agency provides legal representation to the indigent throughout the state in all of Wisconsin's 72 counties. Organizationally, the SPD has 37 local trial offices, 2 appellate offices and a central administrative office. The agency utilizes staff attorneys as well as contract private attorneys (to handle conflict and overflow cases).
The SPD's website provides resources to clients and potential clients, private attorneys who are certified to take SPD case appointments, individuals involved in the criminal justice system, and the public interested in the state agency that delivers on Wisconsin's constitutional requirement regarding indigent defense.
SPD Main Telephone number: 608-266-0087
Website:
https://www.wispd.org/
Wisconsin State Public Defender Blogs
Blog Authors
Latest from Wisconsin State Public Defender
Evidence sufficient to support finding of dangerousness under s. 51.20
Winnebago County v. T.G., 2022AP2078, District 2, 6/14/23 (one-judge decision; ineligible for publication); case activity At the final hearing on a petition to commit T.G. (“Thomas”) under § 51.20, the County presented evidence he threw urine and feces at a…
Testimony that 99% of sexual assault reports are true improperly vouched for complainant’s credibility, but wasn’t prejudicial
State v. Conrad M. Mader, 2022AP382-CR, District 2, 6/7/23 (recommended for publication); case activity (including briefs) Mader was convicted of repeated sexual assault of his stepdaughter. He argues his trial lawyer was ineffective in numerous ways. The court of appeals…
Defense Win! SCOW applies Floyd, reverses COA, reinstates grant of 433 days sentence credit
State v. Michael K. Fermanich, 2023 WI 48, 6/14/23, reversing a per curiam court of appeals decision; case activity (including briefs) The key takeaway here is that five justices reaffirm and apply State v. Floyd, 2000 WI 14, 232 Wis. 2d 767,…
Defense Win! Missing one pre-trial TPR hearing not sufficient basis for default judgment
Kenosha County Division of Child and Family Services v. D.R.-R., 2022AP1812, 06/01/23, District 2 (1-judge opinion, ineligible for publication); case activity In what should not be a shocking outcome, a mother’s failure to appear at a single pre-trial hearing is…
Officer’s testimony about ZAP STICK merely “expositional,” not subject to 907.02(1)’s heightened reliability standard
State v. Danny Arthur Wright, 2021AP1252-CR, District 3, 05/16/23 (not recommended for publication); case activity (including briefs) The state charged Wright with first degree sexual assault with use of a dangerous weapon. The alleged dangerous weapon at issue was a ZAP…
Juror who admitted to being “friends back in the day” with alleged victim not objectively biased
State v. Heather L. Westrich, 2022AP2001-CR, District 4, 05/25/23 (one-judge opinion, not eligible for publication); case activity (including briefs) In State v. Lindell, 2001 WI 108, ¶¶42-43, 245 Wis. 2d 689, 629 N.W.2d 223, the court held a prospective juror to…
Photo array was not impermissibly suggestive
State v. Brandon B. Smiley, 2022AP1522-CR, District 4, 6/2/23 (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals rejects Smiley’s claim that the photo array shown to A.B., the complaining witness, was impermissibly suggestive and, therefore,…
Termination of parental rights affirmed despite some missteps
Columbia County DHS v. K.D.K., 2022AP1835, 5/25/23, District 4 (1-judge opinion, ineligible for publication); case activity K.D.K. challenged an order terminating his parental rights to C.A.K. on 3 grounds: (1) the judge was not properly assigned to preside over his…
May 2023 publication list
On May 31, 2023, the court of appeals ordered publication of the following criminal law related decisions: State v. Rasheem D. Davis, 2023 WI App 25 (circuit court didn’t lose jurisdiction by dismissing charges and then quickly reinstating them) Brown…