On Point: d. Missing transcripts

Town of Bloomfield v. Petko Zvetkov Barashki, 2015AP226, District 2, 6/24/15 (one-judge decision; ineligible for publication); case activity

In a case the court of appeals aptly describes as “unusual,” the court exercises its discretionary power of reversal under § 752.35 to throw out Barashki’s OWI 1st conviction and refusal finding on the grounds that the evidence doesn’t show the officer had reasonable suspicion to stop Barashki.

State v. Jose O. Gonzalez-Villarreal, 2013AP1615-CR, District 1, 1/27/15 (not recommended for publication); case activity

The court of appeals rejects Gonzalez-Villarreal’s challenge to his conviction for possessing child pornography based on claims that: his right to a speedy trial was violated; discovery restrictions violated his right to equal protection; other acts evidence was erroneously admitted; the trial court rejected his modified jury instruction on possession; the court erroneously exercised its sentencing discretion.

State v. James E. Grant, 2013AP1829-CR & 2013AP1830-CR, District 4, 9/4/14 (1-judge; ineligible for publication); case activity: 2013AP1829-CR; 2013AP1830-CR

Two of the three arguments made in Grant’s appellate brief were sufficiently stated to survive the state’s motion to strike, but they are ultimately too undeveloped to address under State v. Pettit, 171 Wis. 2d 627, 646-47, 492 N.W.2d 633 (Ct. App. 1992). Moreover, Grant failed to arrange for the production of the transcript of the circuit court’s oral ruling on his postconviction motion, meaning the transcript is assumed to support the circuit court’s decision, State v. McAttee, 2001 WI App 262, ¶5 n.1, 248 Wis. 2d 865, 637 N.W.2d 774.

State v. Daniel T. Storm, 2013AP2212, District 2, 3/5/13; court of appeals decision (1-judge; ineligible for publication); case activity

The court of appeals rejects Storm’s claim that the circuit court imposed a fine and costs without determining his ability to pay because Storm did not provide a complete record on appeal:

¶4        It would have been nice had Storm provided us with the transcripts of those hearings [to which the circuit court’s written decision referred] so that we could see for ourselves what happened which resulted in the stipulation.

State v. Joseph P. DeFilippo, 2005 WI App 213
For DeFilippo: Leonard D. Kachinsky

Issue/Holding: To be valid, waiver of right to counsel in criminal trial proceeding must be supported by adequate record, ¶5 (citing State v. Klessig, 211 Wis. 2d 194, 203-04, 564 N.W.2d 716 (1997)). Where, as here, the record fails to make such a showing (because waiver occurred in an unrecorded conference),

State v. John S. Provo, 2004 WI App 97, PFR filed 5/7/04
For Provo: William H. Gergen
Issue/Holding:

¶19 … Further, Provo has not made the transcript of the plea hearing a part of the record. Consequently, we must assume that the transcript of that hearing supports the trial court’s finding that Provo’s plea was not coerced. See State v. McAttee,

State v. Cherise A. Raflick, 2001 WI 129
For Raflik: Michael J. Fitzgerald, Dean A. Strang

Issue/Holding:

¶1. This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12(3)(d)1, and when the factual basis for the warrant is reconstructed in an ex parte hearing after the warrant has been executed.

State v. Cherise A. Raflick, 2001 WI 129
For Raflik: Michael J. Fitzgerald, Dean A. Strang

Issue/Holding:

¶1. This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12(3)(d)1, and when the factual basis for the warrant is reconstructed in an ex parte hearing after the warrant has been executed.