On Point: 46. WI Court of Appeals

State v. T.W., 2018AP967 & 2018AP968, District 1, 8/21/18 (one-judge decision; ineligible for publication); case activity

At the trial on the petition to terminate T.W.’s parental rights, the GAL argued in closing that the jury should consider the interests of the children. T.W.’s lawyer didn’t object, but the court of appeals holds that failure wasn’t prejudicial and so rejects T.W.’s claim that trial counsel was ineffective.

State v. Natalie N. Murphy, 2017AP1559-CR, 8/16/18 (not recommended for publication); case activity (including briefs)

To no avail, Murphy challenges the circuit court’s decision to exclude her expert’s testimony and its decision to allow certain testimony from the state’s expert.

State v. Ronnie Cecil Peebles, 2017AP2536-CR, District 4, 8/16/18 (one-judge decision; ineligible for publication); case activity (including briefs)

The circuit court didn’t err in denying the adjournment request Peebles made on the morning of trial because he said he was feeling ill. 

Lafayette County v. Ian D. Humphrey, 2016AP966, District 4, 8/16/18 (one-judge decision; ineligible for publication); case activity (including respondent’s brief)

Humphrey wants appellate review of the forfeiture judgment entered against him for operating a vehicle while suspended. He doesn’t get it.

State v. Sammy Joseph Hadaway, 2018 WI App 59; case activity (including briefs)

Hadaway pleaded guilty to an armed robbery more than 20 years ago. Based, in part, on Hadaway’s testimony, his purported accomplice, Ott, was tried and convicted of first-degree intentional homicide–the victim of the crime was sexually assaulted and murdered.

State v. Marcia Render, 2017AP1779-CR, 8/14/18, District 1 (not recommended for publication); case activity (including briefs)

Render and her sister got into a brawl, and Render ended up on the floor on top of her sister, holding her head down to subdue her. Unfortunately, she died. At trial, the State’s doctor testified that her death was caused by manual strangulation. The jury convicted Render, and she filed a claim for ineffective assistance arguing that her trial lawyer should have consulted an independent forensic pathologist to review the medical evidence of her sister’s death.

State v. Marquis D. Walls, 2017AP1600-CR, District 1, 8/14/18 (not recommended for publication); case activity (including briefs)

The court of appeals rejects Walls’s argument that the circuit court violated his Fifth Amendment right against self-incrimination by pressuring him to admit guilt at sentencing and then used his failure to do so to impose a harsher sentence.

City of West Bend v. Erik J. Wille, 2018AP151, District 2, 8/15/18 (one-judge decision; ineligible for publication); case activity (including briefs)

Wille was waylaid by police while he was waiting for his Wendy’s order, leading to his arrest for OWI. The restaurant manager had called police after seeing open beer cans in Wille’s car when he was in the drive-thru. He claims the information from the manager didn’t give police reasonable suspicion to stop him. That claim fails.

State v. Richard Rey Myers, 2017AP2499, District 4, 8/9/18 (one-judge decision; ineligible for publication); case activity (including briefs)

Myers argues, unsuccessfully, that his refusal to submit to a blood test for OWI can’t be found to be improper because it was based on misinformation from the officer about his right to counsel.

State v. Shayd C. Mitchell, 2017AP1536-CR, District 3, 8/7/18 (not recommended for publication); case activity (including briefs)

Mitchell was stopped two blocks away from the Family Video store he was walking to for an assignation with someone he thought was a 15-year-old boy. That was close enough to get him convicted of attempted child enticement.