Wisconsin Court of Appeals

Wisconsin COA Reverses Termination of Indian Parent’s Rights for Due Process Violations

November 10, 2025Matthew L.M. Fletcher

Here is the opinion in In re the Termination of Parental Rights to L.J.L.:

Opinion.pdf Download

Wisconsin COA Certifies Immutable Property Case to Wisconsin SCT (is that a punt?)

January 23, 2025Matthew L.M. Fletcher

Here are the materials in Legend Lake Property Owners Assn. v. Keshena:

COA Certification

Property Owners Opening Brief

Tribe Answer Brief

Property Owners Supp Brief

Tribe Supp Brief

Wisconsin Court of Appeals Briefs in Matter Involving Taxation of Menominee Trust Land

December 21, 2022Matthew L.M. Fletcher

Here are the briefs in Legend Lake Properties Owners Association Inc. v. Keshena:

Opening Brief.pdf Download

Answer Brief.pdf Download

Wisconsin COA Rejects Challenge to Constitutionality of PL280

July 7, 2022Matthew L.M. Fletcher

Here is the unpublished opinion in State of Wisconsin v. House:

State v. House Opinion.pdf Download

Briefs here.

Public Law 280 is the classic example of what SCOTUS would strike down as violating the anti-commandeering principle of the Tenth Amendment. It is a mandate to states (six of them, including Wisconsin) to assume criminal jurisdiction over Indian country and it’s basically unfounded (more or less like most other aspects of Indian country criminal jurisdiction). I guess since the mandatory PL280 states consent to this federal commandeering of their legislative process, it’s okay? Or since the states retain prosecutorial discretion in individual cases? Like a lot of crap the Supreme Court has been shoving down our collective throats for the last few decades, anti-commandeering law is just stupid with two Os (thank you Knives Out for that one).

Wisconsin COA Briefs in Constitutional Challenge to PL280 Prosecution

February 4, 2022Matthew L.M. Fletcher

Here are the briefs in State v. House (Wis. Ct. App.):

Appellant Brief

Respondent Brief

Wisconsin COA Rejects Claims of Taxpayers Who Didn’t Like That Indians Had Tax Immunity and Therefore Didn’t Want To Pay Taxes, Either

August 11, 2020Matthew L.M. Fletcher

Here are the materials in Klein v. Wisconsin Dept. of Revenue (Wis. Ct. App.):

Opinion

Wisconsin Brief

Klein Brief

Termination of Parental Rights Decision out of Wisconsin

January 2, 2018Kate Fort

Here

The Wisconsin Court of Appeals affirmed a termination of parental rights decision under ICWA and WICWA using Adoptive Couple v. Baby Girl (finding abandonment/lack of continued custody by non-Indian father).

Wisc. Court of Appeals Affirms Dismissal of DNR Claims

December 19, 2017Sarah M Donnelly

Here are the materials in the matter of Wisconsin Department of Natural Resources v. Timber and Wood Products Located in Sawyer County et al, 2017AP181 (Dec. 19, 2017):