On Point: K. Standards of Review

State v. William Dinkins, Sr., 2010 WI App 163, review granted 3/16/11; for Dinkins: Steven D. Phillips, SPD, Madison Appellate; Dinkins BiC; State Resp.; Reply

A prisoner subject to sex offender registration requirement, § 301.45, isn’t subject to criminal penalty for failing, on impending release, to notify authorities of his intended “residence” where he will be homeless.

State v. Jason W. Kucik, 2009AP933-CR, District 1, 11/16/10

court of appeals decision (3-judge, not recommended for publication); for Kucik: Thomas J. Nitschke; Resp. Br.; Reply; Kucik Supp. Br.; State’s Supp. Br.

Appellate Procedure – Affirmance on Different Theory than Posited Below

¶31      We agree with the State that it is appropriate for us to consider the alternate basis to affirm the trial court that the State raised for the first time at oral argument. 

State v. Daniel H. Hanson, 2010 WI App 146 (recommended for publication), affirmed 2012 WI 4; for Hanson: Chad A. Lanning; case activity

Fleeing, § 346.04(3)

Can you criminally “flee” the police, if what you’re actually doing is driving to the nearest police station to escape what you believe to be a beating at the hands of the officer you’re fleeing?

court of appeals decision (1-judge, not for publication); for Grenie: John C. Orth; Steven J. House; BiC; Resp.; Reply

Traffic Stop – Blue Lights

Traffic stop for having blue lights lit on front of vehicle, upheld. (§ 347.07(2)(a) bars display of “(a)ny color of light other than white or amber visible from directly in front.”)

¶6        Grenie essentially asks this court to credit testimony by his two witnesses suggesting that the blue lights were “never” operational over the officer’s testimony that he saw the lights lit when Grenie’s Jeep passed him.

State v. Richard Martin Kubat, 2010AP509-CR, District 3, 9/21/10

court of appeals decision (1-judge, not for publication); for Kubat: Marc Grant Kurzman; BiC; Resp.

Battery – Self-Defense – Sufficiency of Evidence

A verbal confrontation between truckers at a truck stop eventuated in Belcher disabling Kubat’s truck and inviting Kubat to get his punk ass out of his cab “and get it.” Kubat accepted the invitation and brought his tire knocker along as his own guest.  

City of Mequon v. James E. Haynor, 2010AP466-FT, District 2, 9/8/10

court of appeals decision (1-judge, not for publication); for Haynor: Peter L. Ramirez; BiC; Resp.; Reply

Expert Witness Qualifications – Lab Chemist: Physiological Effects of Drugs

The trial court didn’t erroneously exercise discretion in qualifying as an expert, the supervisor of forensic toxicology at the Wisconsin  State Laboratory of Hygiene on the matter of how certain drugs interact and impair judgment,

State v. Jennette L. Ellifritz, 2010AP713-CR, District 2, 9/1/10

court of appeals decision (1-judge, not for publication); for Ellifritz: Gary Grass; BiC; Resp.; Reply

Obstructing – Unanimity – Course of Conduct

Because Ellifritz’s actions occurred during a single course of action, over a short (40-second) period of time, instructional failure to require agreement as to which separate act constituted obstructing didn’t violate her right to unanimous verdict;

State v. David E. Steinke, 2009AP3207-CR, District 4, 8/26/10

court of appeals decision (1-judge, not for publication); for Steinke: Cody Wagner; BiC; Resp.; Reply

Driving with a prohibited alcohol content of .08 or more, second offense, is a crime and therefore subject to beyond-reasonable-doubt burden of proof. Sitting as trier of fact in a bench trial, the circuit arguably misapprehended the burden as greater weight of the credible evidence,

Blum v. 1st Auto & Casualty Insurance Company, 2010 WI 78

¶42 We next address whether a court of appeals decision retains any precedential value when it is overruled by this court. We hold that when the supreme court overrules a court of appeals decision, the court of appeals decision no longer possesses any precedential value, unless this court expressly states otherwise.

A less obscure problem than you might think.

State v. Dwight Glen Jones, 2010 WI 72, affirming unpublished opinion; for Jones: Ellen Henak, SPD, Milwaukee Appellate; BiC; Resp.; Reply

¶43  The issues presented are first, whether Jones is entitled to a new trial on the grounds that the circuit court wrongly denied his request for substitution of counsel, and second, whether he is entitled to a new trial on the grounds that such a denial violates rights guaranteed by the Wisconsin Constitution and the Sixth Amendment to the United States Constitution.