On Point blog, page 4 of 25
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.
COA affirms conviction that results in LWOP sentence
State v. Alvin James Jemison, Jr., 2021AP2207-CR, 7/18/23, District 1 (not recommended for publication); case activity (including briefs)
After a jury trial, Jemison was convicted of second-degree sexual assault of an unconscious person (Teresa) as a repeater – serious sex crime and sentenced to life in prison without the possibility of release to extended supervision. See Wis. Stat. § 939.618(2)(b). After the circuit court denied his postconviction motion without a Machner hearing, Jemison raised three claims on appeal: (1) the evidence was insufficient to support the completed sexual intercourse charge, (2) the court erred in its admission of other acts evidence, and (3) the court erroneously denied his claims without an evidentiary hearing. The court of appeals rejects each of Jemison’s claims and affirms.
COA overlooks procedural bar, State’s failure to file to a response brief; affirms based on well-settled plea withdrawal case law
State v. William J. Buffo, 2022AP1803-4-CR, District IV, 7/13/23, 1-judge decision ineligible for publication; case activity (briefs available)
In another messy pro se appeal, COA overlooks the State’s failure to file a response brief and affirms the circuit court’s “evidently correct” decision.
COA affirms extension of involuntary mental commitment order, order for involuntary medication, entered in absentia based on its understanding of binding precedent
Waukesha County v. M.A.C., 2023AP533, District II, 7/28/23, petition for review granted 12/12/23; reversed 7/5/24; 1-judge decision ineligible for publication; case activity (briefs not available)
In a Chapter 51 case with troubling due process implications, COA is compelled to affirm by virtue of what it believes to be binding precedent.
COA affirms TPR jury verdict based on harmless error analysis
C.T.L. v. M.L.K., 2023AP402, District III, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available)
The court of appeals confronts two alleged errors stemming from M.L.K.’s TPR jury trial and affirms based on harmless error.