Portage County DH & HS v. C.Z & S.Z., 2022AP1249-1252; 11/3/2022, District 4 (one-judge decision; ineligible for publication); case activity
C.Z. appeals the termination of his parental rights to his four children. The court of appeals affirms.
The opinion is a long one, but much of it is dedicated to explaining things like the court’s decision not to apply forfeiture to some arguments and its apparent difficulty in deciding just what issues C.Z. is raising. The first issue
Continue Reading COA rejects challenges to TPR
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Car idling in “highly problematic” area after dark + glassy red eyes = reasonable suspicion
Waupaca County v. Hunter Ja Dean Wheelock, 2022AP860, 11/3/2022 (one-judge decision; ineligible for publication); case activity (including briefs)
An sheriff’s deputy saw Wheelock and another man sitting in a car parked on the side of a dead-end road in Waupaca County. This particular road was apparently in a “highly problematic” are of that county where young men “engage[] in disorderly behavior and underage drug use and drinking parties.” When the deputy pulled up next to the vehicle, he
Continue Reading Car idling in “highly problematic” area after dark + glassy red eyes = reasonable suspicion
COA holds court may decide defendant’s competency without an expert’s opinion
State v. Donald L. White, 2020AP275-CR, 11/3/2022, District 4 (not recommended for publication); case activity (including briefs)
We hope SCOW reviews this decision. An examiner opined that White was competent to proceed under §971.14 but refused to give her opinion to a reasonable degree of professional certainty. In fact, she thought White should be observed longer. The trial court excluded the examiner’s report and found White competent without it. The court of appeals affirmed.
The State charged White
Continue Reading COA holds court may decide defendant’s competency without an expert’s opinion
Defense win! Another ch. 51 recommitment tossed for insufficient evidence of dangerousness
Marathon County v. T.J.M., 2022AP623, 11/8/22, District 3 (1-judge opinion, ineligible for publication); case activity
“Trevor” appealed an order recommitting him for 12 months because (1) the circuit court orally failed to indicate a standard of dangeorusness per Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, and (2) the county’s evidence was insufficient under either the 1st or 3rd standards. He prevailed on the latter argument. The opinion is helpful to
Continue Reading Defense win! Another ch. 51 recommitment tossed for insufficient evidence of dangerousness
Search of socks and shoes for weapon was fine; so was subsequent search of car
State v. James Timothy Genous, 2019AP435-CR, 11/1/22, District 1 (not recommended for publication); case activity (including briefs)
In 2020 the court of appeals held that police didn’t have reasonable suspicion to stop Genous to investigate whether he was selling drugs. The supreme court reversed and sent the case back to the court of appeals to address the lawfulness of the searches of Genous’s shoes and socks and his car. Over a dissent, the court of appeals holds they
Continue Reading Search of socks and shoes for weapon was fine; so was subsequent search of car
Circuit court properly exercised its discretion in waiving juvenile to adult court
State v. K.J.P., 2022AP807, District 2, 11/2/22 (one-judge decision; ineligible for publication); case activity
The court of appeals rejects K.J.P.’s arguments that the circuit court erred in deciding to waive juvenile court jurisdiction and allow him to be prosecuted in adult court.
The state filed a delinquency petition charging K.J.P. with kidnapping, armed carjacking, armed robbery, and sexual assault. The state also petitioned for waiver of juvenile jurisdiction and transfer of the case to adult court. The circuit court
Continue Reading Circuit court properly exercised its discretion in waiving juvenile to adult court
Minor Passenger in Car Operated by Intoxicated Driver is a “victim” for Purposes of Restitution Statute
State v. Mark J. Gahart, 2021AP1841-CR, District 2, 11/2/22 (recommended for publication); case activity (including briefs)
The court of appeals holds that driving while intoxicated with a minor passenger is not a victimless crime: the minor passenger is a victim for purposes of the restitution statute.
Gahart was convicted of OWI while his minor daughter was in the car. The daughter’s mother sought restitution for expenses and fees incurred in a family court proceeding with Gahart that she
Continue Reading Minor Passenger in Car Operated by Intoxicated Driver is a “victim” for Purposes of Restitution Statute
Decision to waive juvenile into adult court valid despite court’s misunderstanding about juvenile court dispositions
State v. M.N., Jr., 2022AP855, District 1, 11/1/22 (one-judge decision; ineligible for publication); case activity
The circuit court decided to waive M.N. (“Max”) into adult court based in part on the belief that any juvenile court supervision and services would end when M.N. turned 18 in 6 months. (¶8). But as the state concedes, juvenile court dispositions can extend beyond the juvenile’s 18th birthday. (¶16). The court of appeals holds that the circuit court’s
Continue Reading Decision to waive juvenile into adult court valid despite court’s misunderstanding about juvenile court dispositions
Adding new charges to information was proper and didn’t taint defendant’s decision to plead guilty
State v. Etter L. Hughes, 2021AP1834-CR, District 1, 11/1/22 (not recommended for publication); case activity (including briefs)
The court of appeals rejects Hughes’s claim that she should be allowed to withdraw her pleas to four counts of child abuse on the grounds that the state improperly amended the information to add more charges against her because there was no independent factual basis for those charges and because two of the counts were multiplicitous under § 948.03(5)(c).
Defense win: Circuit court lacked authority to sanction defendant for accepting a plea offer made after the deadline for plea negotiations had passed
State v. Suzanne Lee Shegonee, 2022AP361-CR, District 4, 10/27/22 (one-judge decision; ineligible for publication); case activity (including briefs)
This is a guest post by Katie York, head of the SPD’s Appellate Division.
The circuit court sanctioned Shegonee $500 for accepting a new plea offer 3 days prior to her scheduled jury trial. The state made the offer after the court-imposed deadline for resolving the case. The court of appeals recognized the circuit court’s understandable concern about time pressures,
Continue Reading Defense win: Circuit court lacked authority to sanction defendant for accepting a plea offer made after the deadline for plea negotiations had passed
October 2022 publication list
On October 26, 2022, the court of appeals ordered the publication of the following criminal law related decision:
State v. Terry L. Hibbard, 2022 WI 53 (aiding buyer in drug sale can lead to Len Bias liability because it also aids dealer)
Continue Reading October 2022 publication list
New OWI Trial Ordered because of Erroneous Admission of Evidence
State v. Marty S. Madeiros, 2021AP405-CR, District 4, 10/27/22 (not recommended for publication); case activity (including briefs)
Evidence of Madeiros’s prior hit-and-run conviction was admitted at his trial on OWI 5th, over his objection. This other-acts evidence was inadmissible because it wasn’t probative of any non-propensity purpose and the error in admitting the evidence wasn’t harmless, so Madeiros is entitled to a new trial.
Early one cold morning in December 2017 police found Madeiros’s car in the ditch
Continue Reading New OWI Trial Ordered because of Erroneous Admission of Evidence
TPR affirmed; no need to consider alternative to temrination
State v. D.W. Jr., 2022AP1397, 10/18/22, (1-judge opinion, ineligible for publication); case activity
D.W. Jr. has along criminal history. He was incarcerated when his son, J.W., was born, and the two had never lived together. In fact, J.W. and his brother lived with a foster parent, who was also an adoptive resource for both of them. When the circuit court terminated D.W.’ Jr.’s parental rights, he argued that the court neglected to consider a dispositional alternative– the appointment
Continue Reading TPR affirmed; no need to consider alternative to temrination
CoA affirms finding that incarcerated mom is an unfit parent
State v. A.A.L., 2022AP1074, 10/11/22, District 1, (1-judge opinion, ineligible for publication); case activity
A parent’s failure to meet the conditions for the return of her child due to her incarceration is not a constitutional basis for finding her an unfit parent during the grounds phase of a TPR proceeding. Kenosha County DHS v. Jodie W., 2006 WI 93, 293 Wis. 2d 530, 716 N.W.2d 845. “Alexis” argued that the circuit court violated this rule when it
Continue Reading CoA affirms finding that incarcerated mom is an unfit parent
COA rejects challenges to jury instructions: one good route to conviction is enough
State v. Dreama F. Harvey, 2021AP1689, 10/6/22, District 4 (not recommended for publication); case activity (including briefs)
A jury convicted Harvey of reckless homicide by the delivery of heroin. On appeal, she notes that the jury instructions would have permitted conviction on the theory that she either aided and abetted another supplier or was part of the chain of distribution–that is, that she supplied the person who actually sold the heroin to the decedent. But there was no
Continue Reading COA rejects challenges to jury instructions: one good route to conviction is enough
COA reverses ch. 51 extension for trial court’s failure to specify type of dangerousness
Trempealeau County v. C.J., 2022AP286, 10/11/22, District 3 (one judge decision; ineligible for publication) case activity
C.J. (“Carter” in the opinion) is diagnosed with paranoid schizophrenia. He was initially committed after an incident in which he drove recklessly with his girlfriend in the car, threatening to kill her and himself along with the president and vice president. As the six-month commitment neared its end, the county petitioned to extend. It did so even though C.J. had not had
Continue Reading COA reverses ch. 51 extension for trial court’s failure to specify type of dangerousness