On Point

court of appeals decision; for Puchacz: William M. Hayes
Resp Br

OWI Enhancer, § 346.65(2) – Out-of-State Conviction
Michigan convictions for driving while visibly impaired may be counted as Wisconsin OWI priors, given “broad interpretation and application of the final phrase in Wis. Stat. § 343.307(1)(d) and the public policy supporting our drunk driving laws,” ¶¶12-13.

Traffic Stop – Deviating from Center Line, § 346.05
Crossing center line,

court of appeals decision (1-judge; ineligible for publication)

Vehicle Stop – Rear Plate State Name Obscured
Stop OK where rear plate bracket obscured name of state.

court of appeals decision (1-judge; ineligible for publication)

TPR – Uniform Child Custody Jurisdiction and Enforcement Act
“Wis. Stat. § 822.23 does not require a court to dismiss a custody action as soon as it discovers that another state had entered a custody order for the child when the action was commenced in this state.  It prohibits the court from modifying the custody determination of another state unless the other court has declined jurisdiction,” ¶15.

court of appeals decision; for Fortun: Todd E. Schroeder
AG’s BiC; Resp Br; Reply

Forgery, § 943.38(1) – Altered Prescription
Altering the number of pills on a prescription and presenting the altered document to a pharmacist comes within the forgery statute, § 943.38(1).

court of appeals decision (1-judge; ineligible for publication)

Sanctions – Defendant’s Failure to Appear – Default Judgment
Court not empowered to enter default judgment in civil claim where defendant appears by counsel but not in person; odd discussion of “puerile” “tactic of some traffic defense lawyers to make the government prove identity without the defendant being in the courtroom.”

court of appeals decision (1-judge; not eligible for publication)

Traffic Stop
Reasonable suspicion to stop vehicle for violating § 346.31(2), right hand turns to be made close as practicable to right-hand edge curb or highway.

court of appeals decision (3-judge; not recommended for publication)

Guilty Plea – Hearing on Motion to Withdraw
Ruby satisfied burden of production, therefore was entitled to postconviction hearing, on plea-withdrawal due to ignorance of elements and/or maximum penalty.

court of appeals decision; for Jeffrey A.W.: Hans P. Koesser
Resp Br; Reply

Counsel – Adequacy of Investigation
Attempt to demonstrate absence of herpes in defendant—an issue central to this sexual assault prosecution—was, although  failure, not product of deficient performance, ¶12:

There is no question that trial counsel’s investigation yielded the wrong information. But that does not necessarily equate to deficient performance.

court of appeals decision; for Garcia: Paul M. Ruby
Resp Br

Right to Testify – After-the-Fact Evidentiary Hearing
Remedy for failure to conduct colloquy required by State v. Weed, 2003 WI 85, doesn’t automatically result in new trial but, rather, supports postconviction evidentiary hearing.

Go: here.