On Point blog, page 22 of 49
No error where judge reached verdict in bench trial while jury out on remaining count
State v. Robert Mario Wheeler, 2016AP55-CR, 2/21/2017, District 1 (not recommended for publication); case activity (including briefs)
Robert Wheeler was tried for reckless injury and being a felon in possession of a gun arising out of a single shooting incident. To keep the jury from hearing about his status as a felon, the parties stipulated that he was and agreed that the gun possession charge would be decided by the court. Wheeler’s counsel specifically noted the possibility that the two counts could be decided differently, given the different factfinders. (¶5).
Evidence sufficient to show driver’s intoxication
Waukesha County v. Kimberly A. Ridl, 2016AP554, 2/15/17, District 2 (1-judge decision; ineligible for publication); case activity (including briefs)
The court of appeals rejects an OWI defendant’s claim that the circuit court could did not have sufficient evidence of her impairment because the judge (it was a bench trial) was unqualified to conclude that her “medication caused her to be affected by alcohol in an atypical way.”
Extension of initial seizure justified by totality of circumstances
State v. Joshua D. Winberg, 2016AP108-CR, District 3, 1/10/17 (one-judge decision; ineligible for publication); case activity (including briefs)
The police had reasonable suspicion to extend a traffic stop to investigate whether the driver was operating under the influence.
Court of appeals says Chapter 54 can override a person’s advance planning
E.C. v. Susan Krueger, 2015AP2196, 12/13/16, District 1 (not recommended for publication); case activity
E.C., an elderly woman with Alzheimer’s, planned for her future while she was still competent. She named her son, G.C., as her power of attorney for finances and health care. After she became incompetent, her family began fighting about her care. Krueger, E.C.’s daughter, filed a Ch. 54 guardianship proceeding. The issue in this case is whether Chapter 54 can trump a person’s advance planning.
Of reasonable inferences and fearful jurors
State v. Isiah O. Smith, 2015AP1645-CR, 11/15/16, District 1 (not recommended for publication); case activity (including briefs)
Two guys walk into an apartment complex and leave a short time later. One carried a gun and a cell phone; the other a cell phone. They got into a car belonging to a friend of the guy carrying only the cell phone and drove off. A surveillance video captured these movements but not the shooting death that occurred in the complex at about the same time. Was there sufficient evidence to convict the guy holding just the cell phone of 2nd degree reckless homicide as a party to a crime?
No error in denying juvenile stay of sex offender registration
State v. F.B., 2016AP497, 11/1/16, District 1 (one-judge decision; ineligible for publication); case activity
F.B. seeks reversal of the circuit court’s denial of a permanent stay of his obligation to register. No briefs are available and it is difficult to tell what his argument might have been; in any case the court of appeals holds the circuit court properly exercised its discretion.
Court of appeals finds sufficient evidence of intent to steal
City of Madison v. Jacob Ong, 2015AP1176, 10/20/16, District 4 (1-judge decision; ineligible for publication) case activity (including briefs)
The court rejects all challenges to this pro se appellant’s jury-trial conviction of an ordinance violation for stealing a letter from a mailbox.
Court of Appeals: Second eval after first found defendant incompetent OK
State v. Matthew Allen Lilek, 2014AP784-CR, 10/4/16, District 1 (not recommended for publication); case activity (including briefs)
Lilek’s trial counsel raised his competency to stand trial and the court-appointed expert found him incompetent and unlikely to become so. The state, dissatisfied with that result, requested another evaluation, and the court obliged. This new evaluation reached the opposite conclusion, and Lilek was eventually found competent. Is this OK?
Probable cause for OWI arrest; video of refusal sufficiently authenticated
State v. Steven N. Jackson, 2015AP2682, 9/22/16, District 4 (1-judge decision; ineligible for publication); case activity (including briefs)
Steven Jackson was arrested for OWI and also charged with a refusal to submit to a blood test. On appeal of the refusal, he first argues that the officers lacked probable cause to arrest him.
Involuntariness finding doesn’t merit suppressing next day’s statements
State v. Armin G. Wand, III, 2015AP1366-CR, 9/8/16, District 4 (not recommended for publication); case activity (including briefs)
Armin Wand and his brother Jeremy were convicted of crimes relating to a fire at Wand’s residence that killed his three sons, seriously injured his wife and caused the death of the fetus she was carrying. Before he pled, Wand moved to suppress statements he made to officers on two consecutive days; the court suppressed the first day’s as involuntary but admitted the second day’s. He appeals on various grounds connected to the admission of those later statements.