On Point: 1. Appeals

State v. Dion M. Echols, 2010AP2626-CR, District 1, 9/27/11

court of appeals decision (not recommended for publication); for Echols: Amelia L. Bizzaro; case activity

Evidence held sufficient to establish “great bodily harm” element of 1st-degree sexual assault, § 940.225(1)(a), where the harm was inflicted a short time after the assault.

¶23      In this case, the trial court properly determined that Echols’ shooting M.F. subsequent to the nonconsensual sexual contact constituted great bodily harm.  

Outagamie County v. Paul S., 2011AP920, District 3, 9/27/11

court of appeals decision (1-judge, not for publication); for Paul S.: Shelley Fite, SPD, Madison Appellate; case activity

¶9        Wisconsin Stat. § 51.15(5) provides an individual may “not be detained by the law enforcement officer or other person and the facility for more than a total of 72 hours, exclusive of Saturdays, Sundays, and legal holidays” without a hearing.  

State v. Daniel R. Doyle, 2010AP2466-CR, District 4, 9/22/11

court of appeals decision (1-judge, not for publication); for Doyle: John C. Orth; case activity

Transport of drunk driving suspect 3-4 miles to local police station for purpose of administering field sobriety tests didn’t covert Terry stop into arrest, given that extreme, adverse weather conditions rendered impractical such testing at the scene.

¶11      Terry is codified in Wis.

seventh circuit court of appeals decision

Habeas – Counsel – Appeal 

When a defendant in a criminal case specifically instructs a lawyer to file a notice of appeal, the lawyer’s failure to do so deprives the defendant of the Sixth Amendment right to counsel, regardless of whether an appeal was likely to succeed. Roe v. Flores-Ortega, 528 U.S. 470, 477 (2000); Peguero v. United States,

State v. Dennis D. Lemoine, 2010AP2597-CR, District 4, 9/15/11

court of appeals decision (not recommended for publication); for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity; supreme court review granted, 1/25/12

¶18      We agree with the trial court that the balance of the defendant’s personal characteristics against the tactics used by the police renders this is a “close case.”  However,

State v. James T. Kettner, 2011 WI App 142 (recommended for publication); for Kettner: Andrew R. Hinkel, Jefren E. Olsen, SPD, Madison Appellate; case activity

Hearing-Impaired Juror – Inability to Hear Certain Testimony 

A juror’s inability to hear most of alleged victim S.K.’s answers in a videotaped interview didn’t violate Kettner’s rights to impartial jury or due process, given that S.K. also testified in person consistent with her videotaped answers. 

Managed Health Services Insurance Corp. v. Wisconsin DHS, 2010AP2551, District 1, 9/7/11

court of appeals decision (recommended for publication ); case activity

Managed Health’s appeal related to contract procurement is dismissed as moot; because of failure to seek a stay of the trial court’s order allowing the process to continue, the contracts have already been let, and therefore even if Managed Health were to prevail, no remedy could be awarded.

Rock County HSD v. Jennifer B., 2011AP1524, District 4, 9/8/11

court of appeals decision (1-judge, not for publication); for Jennifer B.: Gina Frances Bosben; case activity

Evidence of the child’s diagnoses (ADHD; PTSD) was relevant to the main issue in contention, and was not unduly prejudicial, hence was admissible in the grounds phase of the TPR trial.

¶15      The question for the jury was whether there was a substantial likelihood that Jennifer would not “meet the child’s physical,

Kenosha County DHS v. Amber D., 2011AP667, District 2, 9/7/11

court of appeals decision (1-judge, not for publication); for Amber D.: Philip J, Brehm; case activity

Mother’s termination appeal, explicitly linking itself to outcome of father’s then-pending appeal, rendered moot by latter’s unsuccessful outcome:

¶1        Amber D. appeals from an order terminating her parental rights.  At the time that she wrote her brief, the father’s appeal was pending.

State v. Courtney C. Beamon, 2011 WI App 131 (recommended for publication); for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; petition for review granted, 4/25/12

Fleeing, § 346.04(3) – Elements 

¶4        ….  In State v. Sterzinger, 2002 WI App 171, ¶9, 256 Wis. 2d 925, 649 N.W.2d 677, this court separated the language of § 346.04(3) into segments:  (1) No operator of a vehicle,