On Point: 1. Appeals

In the matter of State of Wisconsin v. Bryan J. Stanley: La Crosse Tribune v. Circuit Court for La Crosse County, 2012 WI App 42 (recommended for publication); case activity

Open Records / Public Access to Court Records – Treatment Records, Generally 

(Discussion with respect to newspaper’s Open Records request for information contained in NGI conditional release plan:)

¶25      While this is a criminal commitment case following an NGI finding under Wis.

Village of McFarland v. Jennifer M. Zetzman, 2012 WI App 49 (recommended for publication); case activity

Appeal to the court of appeals of a municipal ordinance or traffic forfeiture disposition may be based on the circuit court docket entries instead of a written final order, whether the case originated in municipal or circuit court:

¶2        In this case, Jennifer Zetzman was convicted in municipal court of operating a motor vehicle while intoxicated and with a prohibited blood alcohol concentration.  

State v. Lamont L. Travis, 2012 WI App 46 (recommended for publication), petition for review granted, 9/18/12; case activity

For unsuccessfully trying to put his hand down his 10-year-old niece’s pants, Travis was charged with, and pleaded guilty to, attempted first-degree sexual assault of a child under age 12, §§ 939.32, 948.02(1)(d). However, that particular form of assault requires use or threat of use of force and violence,

State v. Dennis R. Thiel, 2012 WI App 48 (recommended for publication); for Thiel: Jeffrey W. Jensen; case activity

SVP (Ch. 980) Supervised Release – Challenge to Conditions: Ripeness 

Thiel’s challenge to 2 conditions of his supervised release from a ch. 980 commitment are ripe for review (the conditions relate to possible detention in a correctional facility and administration of polygraphs):

¶7        The State argues that Thiel’s claims are not ripe for review because no circumstances have arisen where Rules 13 and 16 were sought to be enforced.  

State v. Jeffery G. Sutton, 2012 WI 23, reversing summary order of court of appeals; for Sutton: Kaitlin A. Lamb, Colleen Ball, SPD, Milwaukee Appellate;  for amicus, WACDL: Robert R. Henak; case activity

Although presented with an unpreserved but seemingly meritorious issue (defective jury-waiver colloquy) on § 809.32 no-merit review, the court of appeals nonetheless accepted counsel’s no-merit report, thereby affirming Sutton’s conviction, and instructed him to seek relief pursuant to § 974.06 even though he was no longer in custody and the remedy was thus illusory.

State v. Basil E. Ryan, Jr., 2012 WI 16, reversing 2011 WI App 21; case activity

¶32  We begin by addressing the circuit court’s application of the equitable doctrine of judicial estoppel.  Judicial estoppel is intended “to protect against a litigant playing ‘fast and loose with the courts’ by asserting inconsistent positions” in different legal proceedings. State v. Petty,

State v. Juan Angel Orengo, 2011AP137, District 1, 2/28/12

court of appeals decision (not recommended for publication); for Orengo: Robert R. Henak; case activity

Counsel’s failure to attempt severance, from a drug charge, of a felon-in-possession-of-weapon count, didn’t amount to ineffective assistance.

¶8        Wisconsin law recognizes that guns and drug dealers go together.  See State v. Guy, 172 Wis. 2d 86,

Dane Co. DHS v. Sophia S., 2011AP2639, District 4, 2/23/12

court of appeals decision (1-judge, not for publication); for Sophia S.: Faun M. Moses; case activity

Although the parent isn’t required to object to the sufficiency of evidence adduced in support of a default judgment on grounds for termination (the court rejecting the County’s argument on this point), there was a sufficient factual basis for the default.

State v. Sean T. Powell, 2012 WI App 33 (recommended for publication); for Powell: Richard L. Kaiser; case activity

Conviction for CCW, § 941.23, requires proof of a “dangerous weapon,” which is in turn defined under §  939.22(10) to include “any firearm.” The pattern instruction, Wis JI-Criminal 910 embellishes the definition: “A firearm is a weapon that acts by force of gunpowder.” Powell argues that, because the State failed to show that his loaded,

State v. Carl L. Dowdy, 2012 WI 12, affirming 2010 WI App 58; for Dowdy: Bryan J. Cahill; Amicus: Dustin Haskell (SPD), Robert Henak (WACDL); case activity

¶4   We conclude that Wis. Stat. § 973.09(3)(a) does not grant a circuit court authority to reduce the length of probation.  Rather, the plain language of § 973.09(3)(a) grants a circuit court authority only to “extend probation for a stated period”