State v. Isaac D. Taylor, 2019AP797-CR, District 2, 7/30/21 (not recommended for publication); case activity (including briefs)
The majority sees specific and articulable facts providing reasonable suspicion for a traffic stop. The dissent sees a change in the state’s justification for the stop that sandbags the defense and turns the court of appeals into a fact finder.
In the circuit court Taylor challenged the stop that led to his OWI charges, and at the suppression hearing the officer
Continue Reading Over dissent, court finds reasonable suspicion for traffic stop
Defense win: Excessive term of initial confinement or extended supervision requires resentencing rather than commutation
State v. Christopher W. LeBlanc, 2020AP62-CR, District 2, 7/30/21 (not recommended for publication); case activity (including briefs)
If a sentencing court imposes an excessive term of initial confinement (IC) or extended supervision (ES) when sentencing a defendant under Truth-in-Sentencing (TIS), the defendant “is entitled to a new sentencing hearing as a matter of law unless the nonexcessive term of IC or ES is at the maximum, in which case the court has the discretion to commute the excessive
Continue Reading Defense win: Excessive term of initial confinement or extended supervision requires resentencing rather than commutation
Evidence showed ch. 51 respondent was “a proper subject for treatment”
Winnebago County v. J.C.S., 2021AP354, District 2, 8/4/21 (one-judge decision; ineligible for publication); case activity
The evidence presented at J.C.S.’s final commitment hearing was “just enough” to prove J.C.S. was a proper subject of treatment, one of the elements necessary to justify a ch. 51 commitment order, § 51.20(1)(a)1.
For purposes of ch. 51, “treatment” means the various techniques “designed to bring about rehabilitation” of a person. Waukesha County v. J.W.J., 2017 WI 57, ¶21, 375 Wis. 2d
Continue Reading Evidence showed ch. 51 respondent was “a proper subject for treatment”
Fourth Amendment reasonableness requirement doesn’t mandate field sobriety tests be done a location sheltered from inclement weather
Portage County v. Sean Michael Dugan, 2021AP454 & 2021AP455, District 4, 8/5/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Dugan was stopped in a snowstorm. The officer had him do field sobriety tests at the scene of the stop, in a rut in the snow crated by the squad’s tires. (¶¶3-4). Having Dugan do the FSTs in the snow didn’t make his detention unreasonable under the Fourth Amendment.
A person subject to a stop
Continue Reading Fourth Amendment reasonableness requirement doesn’t mandate field sobriety tests be done a location sheltered from inclement weather
Transfer of person committed under ch. 51 from outpatient to inpatient setting was lawful
Jackson County v. T.A.L., 2021AP499, District 4, 8/5/21 (one-judge decision; ineligible for publication); case activity
T.A.L.’s transfer from outpatient status to a locked inpatient unit based on his medical needs didn’t violate the requirements of § 51.35.
A county may transfer a person under ch. 51 commitment to a more restrictive setting either on “reasonable medical and clinical judgment” grounds or on the ground there was “an alleged violation of a condition of a transfer to less restrictive treatment.”
Continue Reading Transfer of person committed under ch. 51 from outpatient to inpatient setting was lawful
Two Traders Convicted of Spoofing – SEC / CFTC Whistleblower Rewards
Spoofing Whistleblowers Eligible for Millions in SEC and CFTC Cash RewardsRecently there has been an uptick of traders being accused of spoofing. Today, two former Merrill Lynch traders were convicted of criminal spoofing charges in a Chicago federal court.
Spoofing involves rapidly sending many deceptive orders that can mislead traders into thinking supply and demand have changed. This mirage of phantom trades can move prices in a direction desired by the spoofer, while causing their counterparties to lose
Continue Reading Two Traders Convicted of Spoofing – SEC / CFTC Whistleblower Rewards
COA: dismissal with prejudice not unreasonable remedy for county’s repeated failure to produce key witness
Fond du Lac County v. John Anthony Hettwer, 2020AP 1422, 7/21/21, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
The county charged Hettwer with OWI- and PAC-first. At the first attempted trial, the jury was sworn, but before opening statements could begin, the county told the court that the phlebotomist it intended to call as a witness was home with a sick child, and asked that she be allowed to testify by telephone. Hettwer objected
Continue Reading COA: dismissal with prejudice not unreasonable remedy for county’s repeated failure to produce key witness
Court of Appeals Upholds Stop on Community Caretaker Grounds
State v. Keith J. Dresser, 2020AP2017, 7/22/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
A sheriff’s deputy saw Dresser apparently unconscious in his vehicle in a Taco Bell parking lot at 5:00 a.m. The deputy pulled behind Dresser’s vehicle, turned on his emergency lights apparently based on departmental “procedures,” and knocked on the window. Dresser woke up, he and/or the deputy opened a car door, and ultimately Dresser was arrested for OWI.
On appeal,
Continue Reading Court of Appeals Upholds Stop on Community Caretaker Grounds
COA rejects ineffective-assistance claims; rejects state’s broad guilty-plea waiver rule
State v. Skylard R. Grant, 2020AP404, 7/20/21, District 1 (not recommended for publication); case activity (including briefs)
Grant pleaded to reduced charges on the second day of his trial for homicide, being a felon in possession of a firearm, and possessing THC with intent to deliver. He claims his trial lawyer was inadequate in various ways during the trial. The court rejects Grant’s specific claims, but it also rejects the state’s expansive reading of State v. Villegas,
Continue Reading COA rejects ineffective-assistance claims; rejects state’s broad guilty-plea waiver rule
Rookie cop’s mistake in reading results of registration check didn’t invalidate stop given other facts showing reasonable suspicion
State v. Anthony Francen Harris, 2019AP1908-CR, District 3, 7/30/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Police stopped the car Harris was driving in part because Skenandore, an officer-in-training, misread the data on his in-squad computer screen and wrongly concluded that the car’s owner didn’t have a valid license. (¶¶2-3, 5-7). His mistake doesn’t matter because the officer’s other observations justified the stop.
¶12 The totality of the circumstances supports the
Continue Reading Rookie cop’s mistake in reading results of registration check didn’t invalidate stop given other facts showing reasonable suspicion
IAC claim based on failure to ask for theory of defense jury instruction rejected due to absence of proposed instruction
State v. Michael J. Foster, 2020AP2149-CR, District 4, 7/29/21 (not recommended for publication); case activity (including briefs)
A defendant claiming that trial counsel was ineffective for failing to ask for a theory of defense jury instruction must propose the language the instruction should have included and establish it is a correct statement of the law. Absent such a proposed instruction, the ineffective claim will fail.
Foster’s defense to resisting an officer causing substantial bodily harm contrary to §
Continue Reading IAC claim based on failure to ask for theory of defense jury instruction rejected due to absence of proposed instruction
Conspiracy and solicitation charges weren’t multiplicitous, sentencing judge didn’t erroneously exercise sentencing discretion
State v. Lisa Rena Lantz, 2020AP742-CR, District 3, 7/27/21 (not recommended for publication); case activity (including briefs)
Lantz was convicted of conspiring to deliver methamphetamine between September 2015 and March 2016 and of soliciting the delivery of methamphetamine in February and March 2016. The court of appeals rejects Lantz’s argument that the charges are multiplicitous. It also rejects her challenge to her sentences.
Multiplicity: Multiplicity challenges are grounded on the constitutional right to be free from multiple punishments for
Continue Reading Conspiracy and solicitation charges weren’t multiplicitous, sentencing judge didn’t erroneously exercise sentencing discretion
Ch. 51 jury demand must be made before originally scheduled final hearing, not adjourned final hearing
Waukesha County v. M.J.S., 20221AP105-FT, District 2, 7/28/21 (one-judge decision; ineligible for publication); case activity
Under § 51.20(11)(a), a demand for a jury trial must be made “48 hours in advance of the time set for final hearing,” if notice of final hearing was provided to the subject individual or his or her lawyer. Applying Marathon County v. R.J.O., 2020 WI App 20, 392 Wis. 2d 157, 943 N.W.2d 898, the “time set for final hearing”
Continue Reading Ch. 51 jury demand must be made before originally scheduled final hearing, not adjourned final hearing
Defense win: Defendant gets credit for time in custody on federal hold for Wisconsin criminal case conduct
State v. Avery B. Thomas, Jr., 2020AP976-CR, District 2, 7/28/21 (recommended for publication); case activity (including briefs)
Thomas was arrested for and charged with criminal conduct while he was on federal supervision. He was held on cash bail till after his plea, when his bail was modified to a signature bond. He remained in custody, though, because the feds had put a revocation hold on him. He was eventually sentenced after revocation on the federal case, and about
Continue Reading Defense win: Defendant gets credit for time in custody on federal hold for Wisconsin criminal case conduct
July 2021 publication list
On July 28, 2021, the court of appeals ordered publication of the following criminal law related decisions:
State v. M.D.M., 2021 WI App 42 (establishing the procedure for resuming delinquency cases that were suspended because the juvenile was found incompetent to proceed)
State v. Daniel J. Rejholec, 2021 WI App 45 (interrogating officer violated Miranda by telling the suspect he wouldn’t be able to testify at trial)
State v. Chrystul D. Kizer, 2021 WI App 46
Continue Reading July 2021 publication list
Ch. 51 respondent had sufficient notice of standard of dangerousness; and the evidence was sufficient to dangerousness
Trempealeau County v. B.K., 2020AP1166, District 3, 7/27/21 (one-judge decision; ineligible for publication); case activity
B.K. (“Brian”) argues he was denied procedural due process because he was not given particularized notice of which standard of dangerousness the County intended to prove at the final commitment hearing. He also contends the evidence presented at the hearing was insufficient to prove he was dangerous. The court of appeals rejects with both claims.
Brian argues that it was “consistently unclear” which
Continue Reading Ch. 51 respondent had sufficient notice of standard of dangerousness; and the evidence was sufficient to dangerousness