On Point: 1. Appeals

State v. John M. Lattimore, 2013AP911-CR, District 4, 9/11/14 (not recommended for publication); case activity

Lattimore was convicted of 2nd-degree sexual assault with use of force and false imprisonment against S.M.  He appealed trial court decisions to: (1) join a count of 3rd-degree sexual assault against a different victim, M.H., to S.M.’s trial, (2) exclude the text of a Facebook message sent by S.M.’s brother to the defendant right after the assault, and (3) admit testimony about S.M.’s personality change after the assault.  He had no luck with the court of appeals.

Waukesha County v. Steven R.C., 2014AP1032-FT, District 2, 9/10/14 (1-judge; ineligible for publication); case activity

The failure to hold a probable cause hearing within 72 hours of Steven’s initial detention deprived the circuit court of competency to proceed, despite the County’s filing of a new petition within the 72-hour time period with new allegations.

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. Eugene P., 2014AP361, 2014AP362 & 2014AP363, District 1, 9/3/14 (1-judge; ineligible for publication); case activity: 2014AP361; 2014AP362; 2014AP363

Allowing a doctor to testify at a CHIPS trial that the children’s injuries were the result of abuse was harmless because there was overwhelming evidence to support the jury’s verdict.

Milwaukee County v. Rebecca G., 2014AP359, District 1, 9/3/14 (1-judge; ineligible for publication); case activity

Rebecca’s appeal of her ch. 51 commitment is dismissed as moot because the six-month commitment order expired while the appeal was pending and the County didn’t seek an extension.

Ozaukee County v. Mark T.J., 2014AP479, District 2, 8/27/14 (1-judge; ineligible for publication); case activity

The failure to hold an initial hearing within 72 hours of Mark’s arrival at the hospital where he was detained deprived the circuit court of competency to order an initial commitment order under ch. 51. But his appeal from that initial commitment order is moot because he stipulated to recommitment and vacating the initial commitment would have no practical effect.

State v. James R. Hunt, 2014 WI 102, 8/1/14, reversing an unpublished per curiam court of appeals decision; majority opinion by Justice Gableman; case activity

The court of appeals granted Hunt a new trial; the supreme court takes that new trial away. The supreme court’s decision does not develop any new law or address a novel issue of statewide concern—and that’s no surprise, for as described here, the state’s petition for review admitted the case didn’t meet the usual standards for review. Instead, the court applies well-developed rules governing harmless error and ineffective assistance of counsel to the fact-specific claims in this case. In the course of doing so, however, the court misunderstands, ignores, or inverts some fundamental tenets of appellate review and basic rules of evidence.

State v. Matthew D. Campbell, 2011AP1445-CR, District 4, 7/24/14 (not recommended for publication); case activity

After a victim admitted during cross-examination that she lied under oath during direct examination, the trial court advised the victim of her right against self-incrimination. (¶3-4). She invoked that right and was given immunity under §§ 972.08 and 972.085. (¶4). Cross-examination resumed, yielding additional admissions by the victim that she lied or gave inconsistent statements. (¶¶5-6). Under these circumstances, trial counsel was not ineffective for not moving to strike the victim’s direct examination testimony.

State v. Kenneth A. James, 2013AP2409-CR, District 2, 7/23/14 (not recommended for publication); case activity

James insisted on going to trial even though the transcript from the preliminary hearing hadn’t yet been prepared, so he can’t complain now that trial counsel was ineffective for failing to seek an adjournment so he could get the transcript.

State v. Brian A. Patterson, Appeal No. 2013AP749-CR, District 1, 7/22/14 (not recommended for publication); case activity

The State charged Patterson with 1st-degree intentional homicide in a shooting death, but the jury convicted him of a lesser-included offense: 1st degree reckless homicide.  In a cut-and-dried decision, the court of appeals held the evidence sufficient to support the conviction, and found no circuit court error in allowing the jury to consider 1st-degree reckless homicide, instructing the jury, or sentencing Patterson.