On Point blog, page 117 of 484
Challenges to termination of parental rights rejected
State v. J.A., 2018AP1257, District 1, 12/4/18 (one-judge decision; ineligible for publication); case activity
J.A.’s parental rights were terminated on the ground he failed to assume parental responsibility. He argues the CHIPS order itself created a substantial parental relationship, thereby precluding the state from using that ground to terminate his rights. Alternatively, he argues the CHIPS order made it impossible for him to assume parental responsibility. Neither argument succeeds.
Ineffective assistance claim fails for lack of prejudice; postconviction discovery motion denied for seeking “inconsequential” Facebook records
State v. Steven L. Buckingham, 2017AP1852-CR, 12/4/18, District 1 (not recommended for publication), case activity (including briefs).
When the court of appeals’ dismisses an appellant’s arguments on the grounds that they are “conclusory,” it’s always wise to check the briefs. In this case, Buckingham filed a fully-developed, well-organized 42-page brief in chief presenting 5 claims of ineffective assistance of trial counsel and a claim for post-conviction discovery.
Evidence sufficient to to support “failure to assume parental responsibility” finding in TPR appeal
State v. R.H., 2018AP1827, District 1, 12/4/18 (1-judge opinion, ineligible for publication); case activity
The standard of review doomed this appeal, which argued that there was insufficient evidence to support the trial court’s finding that R.H. failed to assume parental responsibility during the grounds phase of a TPR.
Mother’s testimony didn’t vouch for daughter’s honesty in violation of Haseltine rule
State v. Frederick Eugene Walker, 2018AP186-CR, District 1, 11/27/18 (not recommended for publication); case activity (including briefs)
Walker challenges his child sexual assault conviction, arguing the complaining witness’s mother improperly vouched for her daughter’s honesty. He also argues the trial court wrongly excluded evidence of the complaining witness’s sexual activity with another person. The court of appeals rejects his claims.
Court of appeals finds insufficient evidence to submit coercion defense to jury
State v. Dustin Charles Yenter, 2017AP2253, 11/29/18, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs)
Yenter was convicted of OWI and driving with a PAC, both as first offenses. He wanted to argue that he had no choice but to drive drunk because he and his passengers had fled a fight in a rural area. The perpetrators chased them to his car and threw rocks at it, leaving them no time to decide who should drive. Yenter had the keys. They jumped into his car and he drove for 16 miles–until police stopped him.
Court of appeals finds factual basis for witness intimidation plea
State v. Noah Yang, 2018AP1461, 11/28/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
Yang pleaded to misdemeanor witness intimidation. He had been charged with felony child abuse, and, from the jail, had called his mother, telling her that if a witness didn’t show up, the prosecutor would drop the charge. In a later call, Yang’s mother acknowledged to Yang that she had been in touch with the alleged victim’s mother; the alleged victim did not, in fact, show up for trial.
Court of appeals asks SCOW to review another case involving extension of a traffic stop
State v. Courtney C. Brown, 2017AP774-CR, District 2, 11/21/18; case activity (including briefs)
Issue:
[A]fter a ticket has been written but before delivery [of the ticket to the motorist], and in the absence of reasonable suspicion, does asking a lawfully stopped motorist to exit the car, whether he or she possesses anything of concern, and to consent to a search unlawfully extend a traffic stop?
Running away for six days is one violation of juvenile disposition order, not six
State v. D.L.L., 2018AP1064-FT, District 2, 11/21/18 (one-judge decision; ineligible for publication); case activity
D.L.L., who was under a delinquency dispositional order placing him at his mother’s home, ran away for six days. The state moved for sanctions, alleging six violations of the dispositional order, one for each day he was gone. The juvenile court agreed that each day could be a separate violation. The juvenile court was wrong.
COA: Officers had consent to enter home
State v. Kathryn M. Cooper, 2018AP1154, 11/21/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Cooper’s vehicle was involved in an accident and was found, damaged, in her driveway. An officer saw a light on near the back door of her home and went around back and knocked. Cooper waved him in. The officer told her he was investigating an accident.
Defendant not prejudiced by counsel’s failure to convey earlier plea offer
State v. Lorenzo D. Kyles, 2018AP296-Cr, District 1, 11/20/18, (not recommended for publication); case activity (including briefs)
This appears to be Wisconsin’s second application of Lafler v. Cooper, 566 U.S. 156 (2012), which modified the prejudice prong of Strickland‘s ineffective assistance of counsel test for situations where defense counsel failed to convey a plea offer and thereby caused the defendant to accept subsequent, potentially less favorable offer.