On Point: 4. Argument

State v. Dale Andrejczak, 2019AP285, 5/23/19, District 4 (1-judge opinion, ineligible for publication); case activity (including response brief only)

Talk about disparate treatment. In a considered, respectful ruling against a different pro se appellant, the court of appeals here affirms a conviction for obstructing an officer out of deference to the circuit court’s credibility determinations.

State v. Tracy E. McCarthy, 2018AP484, District 2, 2/6/19 (one-judge decision; ineligible for publication); case activity (including briefs)

McCarthy’s pro se appeal in his disorderly conduct case fails on multiple grounds. His brief doesn’t cite to the record and the record doesn’t include any transcripts. He doesn’t develop any legal arguments in support of his claims about the alleged errors at trial. Moreover, there wasn’t a trial: he entered a plea to an ordinance violation.

State v. Aman D. Singh, 2017AP1609, 7/26/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

We last saw Singh attempting, and failing, to get his long-ago second-offense OWI dismissed by a writ of coram nobis. After that, he went back to court arguing that the count should be dismissed because of  Wis. Stat. § 345.52 (which says that a judgment in a traffic ordinance action bars state proceedings for the same violation) and Wis. Stat. § 973.17 (which says excessive sentences are void).

State v. Anthony H. Garbacz, Jr., 2017AP1419, 5/3/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

A Prairie du Chien police officer saw Garbacz driving erratically and tried to stop him. Garbacz didn’t stop, instead heading over the bridge to Iowa with the officer in pursuit. Some Iowa squads joined the chase and eventually Garbacz was arrested. He was not, however, taken before a judge in Iowa to determine the legality of the arrest–he was taken back to Wisconsin and charged with OWI. That’s a violation of Iowa’s Uniform Law on Close Pursuit, and Garbacz argues evidence derived from his arrest must thus be suppressed.

Sauk County v. R.M.C., 2017AP1860, May 3, 2018, District 4 (not recommended for publication); case activity

To appoint a guardian of the person or estate, the circuit court has to find 4 elements by clear and convincing evidence. This appeal focuses on §54.10(3)(a)2–the second element, which states:

[B]ecause of an impairment, the individual is unable effectively to receive and evaluate information or to make or communicate decisions to such an extent that the individual is unable to meet the essential requirements for his or her physical health and safety. WIS. STAT. § 54.10(3)(a)2.

State v. Devin T. White, 2016AP119-CR, 4/10/18, District 1, (not recommended for publication); case activity (including briefs)

White was convicted of 1st-degree reckless homicide. He argued that the trial court misapplied the law governing self-defense and improperly instructed the jury. The court of appeals repeatedly struggled to determine the thrust of his argument, but it appeared to be this:

¶15 Under White’s interpretation of the law, the State must prove beyond a reasonable doubt that he did not have these actual beliefs; therefore, the trial court erred in failing to instruct the jury of the State’s burden and that White could not be found guilty if the State did not prove he did not have these actual beliefs. Under White’s interpretation of the law, his actual belief controls, not whether his belief was reasonable.

The court of appeals also admonished White’s appellate counsel.

State v. Lance P. Howard, 2017AP677-688-CR, 2/21/18, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)

How to irritate the court of appeals. If you haven’t figure that out yet, read this opinion. 

Review of an unpublished court of appeals decision; case activity (including briefs)

Issue (from petition for review):

Whether the doctrine of hot pursuit always justifies a forcible warrantless entry into the residence of one suspected of minor criminal activity. In the present case, the court of appeals declined to consider Mr. Delap’s argument that the conduct of law enforcement in this case, even if justified as legitimate ‘hot pursuit’ of a fleeing suspect, was nonetheless unreasonable under the Fourth Amendment. Although Mr. Delap’s argument presented a chain of reasoning and citation to legal authority, the court of appeals characterized the argument as ‘undeveloped’ and did not consider it.

State v. Santos Lee Hernandez, 2017AP62-CR, 7/11/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)

Hernandez filed a postconviction motion arguing that he pled guilty to lewd and lascivious behavior while he was drunk–so drunk that he incorrectly told the court that he had not consumed alcohol within the previous 24 hours, that he understood the rights he was waiving, and that there was a factual basis for his plea. In rejecting his claim, the court of appeals commits an error that continues to dog postconviction motions.

State v. D.W., 2016AP1827, 4/11/17, District 1,(1-judge opinion, ineligible for publication); case activity

The briefs in this TPR case are confidential, so we only know what the court of appeals’ opinion tells us about the case. D.W. apparently alleged ineffective assistance of counsel based upon his trial lawyer’s failure to call witnesses and failure to move to have his son’s (A.W.’s) placement changed to a family member. He also argued that his plea was defective. The court of appeals decision is long on facts, short on law, and essentially rubber stamps the Machner court’s findings without analysis.