On Point blog, page 113 of 484
No record, no record citations, no legal argument, no chance on appeal
State v. Tracy E. McCarthy, 2018AP484, District 2, 2/6/19 (one-judge decision; ineligible for publication); case activity (including briefs)
McCarthy’s pro se appeal in his disorderly conduct case fails on multiple grounds. His brief doesn’t cite to the record and the record doesn’t include any transcripts. He doesn’t develop any legal arguments in support of his claims about the alleged errors at trial. Moreover, there wasn’t a trial: he entered a plea to an ordinance violation.
January 2019 publication list
On January 31, 2019, the court of appeals ordered the publication of the following criminal law related decisions:
State v. Autumn Marie Love Lopez & Amy J. Rodriquez, 2019 WI App 2 (retail theft charges can be aggregated under § 971.36)
State v. Alexander M. Schultz, 2019 WI App 3 (addressing double jeopardy challenges to successive prosecution when the charging language of the prior prosecution is ambiguous)
Probable cause to arrest for OWI found
State v. Michael R. Pace, 2018AP1428, District 2, 1/30/19 (one-judge decision; ineligible for publication); case activity (including briefs)
The officer who arrested Pace for OWI had probable cause to do so.
Challenges to search warrant rejected
State v. Andrew Anton Sabo, 2017AP2289-CR, District 1, 1/29/19 (not recommended for publication); case activity (including briefs)
Sabo challenges the search warrant that led to the seizure of evidence from his home, arguing that the affidavit in support of the warrant didn’t establish probable cause, that he is entitled to a Franks-Mann hearing because the affidavit contained false information, and that the identity of the citizen informant who was the source of much of the information in the affidavit should be disclosed because there are reasons to doubt the informant’s reliability and credibility. The court of appeals disagrees.
TPR supported by sufficient evidence
State v. S.M.T., 2018AP2113, 2018AP2114, & 2018AP2115, District 1, 1/29/19 (one-judge decision; ineligible for publication); case activity
The court of appeals rejects S.M.T.’s challenges to the sufficiency of the evidence terminating her parental rights based on the children’s continuing need of protective services and S.M.T.’s failure to assume parental responsibility.
No prejudice caused by counsel’s failure to object to admission father’s criminal record at TPR trial
State v. L.V., 2018AP1065, 1/29/19, District 1 (one-judge opinion; ineligible for publication); case activity
The defense moved to exclude evidence of L.V.’s criminal record prior to his daughter’s birth. The State told the court it had no intention of introducing his criminal record at trial. But when L.V. took the stand, guess who started asking about his criminal record?
Double jeopardy no bar to retrial after mistrial caused by State’s delay in disclosing 2nd photo array
State v. Mickey L. Miller, 2017AP2323-CR, 1/29/19, District 1 (not recommended for publication); case activity (including briefs)
Midway through Miller’s trial, the State discovered that two photo arrays had been conducted when both parties thought there had been just one. The State did not immediately disclose this fact. It waited until after the victim testified. The defense obtained a mistrial. The court of appeals holds that double jeopardy did not bar the State from trying Miller again.
Finding of improper refusal upheld
State v. Nathan Alan Bise, 2017AP1662, District 4, 1/24/19 (one-judge decision; ineligible for publication); case activity (including briefs)
Bise raises three challenges to the finding he improperly refused a breath test. The court of appeals rejects them all.
Challenges to seizure at apartment door and protective sweep of apartment rejected
State v. Jordan Bennett Micklevitz, 2018AP637-CR, District 1, 1/23/19 (not recommended for publication); case activity (including briefs)
The court of appeals rejects Micklevitz’s challenges to the search of his apartment.
Police questioning of defendant while chained to a hospital bed was not an “interrogation”
State v. William Lester Jackson, 2018AP896-CR, District 1, 1/23/19, (not recommended for publication); case activity (including briefs)
Jackson accidentally shot himself with a firearm that a friend left in his car and then drove himself to a hospital. A detective chained him to his bed because he needed to talk to Jackson but he also had to help with chaos in the ER due to other shootings that night. Two detective later questioned Jackson without Miranda warnings, and he admitted to being a felon in possession.