On Point blog, page 3 of 5
Errors of law can’t be challenged by writ of coram nobis
State v. Aman D. Singh, 2015AP850-CR, District 4, 1/7/16 (one-judge decision; ineligible for publication); case activity
Singh, appealing pro se, seeks to reverse a twelve-year-old OWI-second conviction for which his sentence is long over.
Pro se appeal doomed by inadequate briefing, failure to raise claims in trial court
State v. Susan P. Resch, 2015AP51-CR, District 4, 8/20/15 (one-judge decision; ineligible for publication); case activity (including briefs)
¶2 Resch fails to sufficiently develop any legal argument based on concrete references (much less based on proper citations) to pertinent portions of the record and the application of governing legal authority, and I reject her arguments on that basis. See State v. Pettit, 171 Wis. 2d 627, 646-47, 492 N.W.2d 633 (Ct. App. 1992) (court of appeals may decline to review inadequately developed issues). Any other approach would require me to abandon my neutral judicial role by becoming Resch’s advocate.
Transcript of municipal court hearing doesn’t provide evidence supporting stop or refusal
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.
Court of appeals rejects multiple-issue challenge to child pornography conviction
State v. Jose O. Gonzalez-Villarreal, 2013AP1615-CR, District 1, 1/27/15 (not recommended for publication); case activity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.
Court scolds State for shoddy advocacy, holds alleged “stop” was actually an arrest without probable cause
State v. Thomas J. Anker, 2014 WI App 107; case activity
If a conservation warden shouted “you’re under arrest,” ordered you to stop walking, forcibly handcuffed you, and restrained you in his car until he could turn you over to investigating authorities, would you think you were under arrest or simply “temporarily detained”? The State, with a straight face, claimed these facts showed a Terry stop. The court of appeals, with a stern tone, rebuked the State and sharply criticized its brief.
Pro se defendant’s appellate arguments too undeveloped to address
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.
Trial court didn’t err in excluding evidence of lab mistakes from years before defendant’s blood sample was tested
Fond du Lac County v. Douglas L. Bethke, 2013AP2297, District 2, 4/30/14 (1-judge; ineligible for publication); case activity
The circuit court did not erroneously exercise its discretion when it excluded evidence of particular crime lab errors that happened years before Bethke’s blood sample was analyzed.
Incomplete record means no review
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.
Court of appeals affirms sentence aimed at holding defendant for trial in different county; accuses counsel of lacking candor
State v. Rodney Vincent McToy, 2013AP832-CR, District 1, 10/15/13, (1-judge; ineligible for publication); case activity
McToy pled guilty to two charges of misdemeanor bail jumping stemming from a domestic dispute with Ms. H. The parties briefed a straightforward Gallion issue: Did the Milwaukee County Circuit Court erroneously exercise its discretion when it failed to provide a “rational and explainable basis” for the sentence it imposed—200 days in jail for one count and 2 years probation for the other?
Lack of proof dooms claim that statement to probation agent was compelled by threat of revocation
State v. Gregory M. Sahs, 2013 WI 51, on review of unpublished court of appeals decision; case activity
Sahs, on probation for child pornography, admitted to his probation agent that he again possessed child pornography. He was charged based on evidence seized as a result of his admission. He sought to suppress the evidence, claiming his admissions were compelled by the threat of revocation if he didn’t give his agent a true and accurate account of his activities.