On Point blog, page 3 of 25
State adequately proved that bar parking lot was a “premises held out to the public for use of their motor vehicles”
State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity
Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute.
Misstatement of law by prosecutor in closing argument does not entitle defendant to relief
State v. Troy Allen Shaw, 2023AP697, 1/24/24, District II (1-judge decision; ineligible for publication); case activity (including briefs)
Shaw’s challenge to improper closing argument persuades COA that the prosecutor erred, but fails to overcome the imposing tests for plain and harmless error.
COA rejects pro se challenges to OWI conviction as procedurally barred, imposes sanctions for abuse of appellate process
State v. Robert E. Hammersley, 2022AP263, 1/4/24, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
This pro se appeal fails due to the well-settled application of a procedural bar against successive litigation.
COA rejects important competency challenge in protective placement appeal as a result of litigant’s failure to object below
Douglas County v. M.L, 2022AP141, 12/28/23, District III (one-judge decision; ineligible for publication); case activity
Faced with a challenge to the circuit court’s competency in this protective placement appeal, COA holds that the appellant has forfeited his challenge and therefore affirms.
COA rejects constitutional challenge to legislature’s inclusion of non-impairing metabolite as restricted controlled substance
State v. Dustin J. VanderGalien, 2023AP890-CR, 12/29/23, District 4 (recommended for publication); case activity
VanderGalien pled no contest to three counts stemming from a fatal motor vehicle crash after a non-impairing cocaine metabolite (benzoylecgonine or “BE”) was detected in his blood hours after the incident. The court of appeals rejects his facial challenge to the statute, Wis. Stat. § 340.01(50m)(c), which includes BE as a restricted controlled substance under the motor vehicle code. The court of appeals explains that “the inclusion of cocaine or any of its metabolites in the definition of a restricted controlled substance for purposes of prosecution under the Wisconsin motor vehicle code bears a rational relationship to the purpose or objective of the statutory scheme,” which is to combat drugged driving. Op., ¶30.
COA upholds circuit court’s decision to exclude defendant’s proffered evidence regarding field sobriety tests at PAC trial
State v. Batterman, 2022AP181, 11/28/23, District III (ineligible for publication); case activity
Given the discretionary standard of review used to assess a circuit court’s evidentiary rulings, COA wastes no time in upholding the court’s order excluding evidence the defendant did well on some field sobriety tests at a second offense PAC trial.
Circuit court properly ordered parent to comply with recommendations from out of state psychosexual evaluation in CHIPS matter
Manitowoc County v. M.B., 2023AP163-164, 9/20/23, District II(one-judge decision; ineligible for publication); case activity
Applying a deferential standard of review, COA holds that the circuit court did not err when it ordered a parent to comply with an out-of-state psychosexual evaluation/assessment as a condition of return.
COA once again rejects arguments that “direct evidence” from adoptive resources is required at a TPR dispositional hearing
Brown County D.H.S. v. A.K., 2023AP730, 9/6/23, District III (one-judge decision; ineligible for publication); case activity (briefs not available).
A.K. concedes that the circuit court properly exercised its discretion at this dispositional hearing, but argues that the order must still be reversed as there was no direct evidence from the proposed adoptive resource. COA rejects that argument and affirms.
COA rejects challenges to OWI refusal
State v. Michael A. Wilson, 2022AP1099, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available)
Despite some procedural quirks, the Court of Appeals wastes no time in affirming what turns out to be a relatively straightforward refusal conviction.
Circuit court order “setting parameters” for future filings upheld
State v. William J. Buffo, 2023AP302 & 2023AP303, 8/31/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
This pro se appeal stems from two criminal cases, but the opinion concerns an order from the circuit court that set “parameters for Buffo’s future filings.” In short, the circuit court entered an order that barred Buffo from filing any further motions and required any potentially “legally-valid” postconviction motions to be screened by a “Dane County judge” before any filing from Buffo would be accepted. While noting that it could dismiss Buffo’s arguments on appeal as undeveloped, the court reaches the merits and upholds the circuit court’s order.