On Point blog, page 143 of 490
Calls to police about erratic driving gave reasonable suspicion for stop
State v. Angela J. Coker, 2017AP1555, District 2, 2/14/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Coker was charged with OWI after police stopped her car because other drivers called police to report an erratic driver. The court of appeals rejects her claim that the information from the callers wasn’t sufficiently reliable because it was offered anonymously and wasn’t corroborated by the arresting officer’s observations.
Court of Appeals rejects challenge to factual basis for territorial jurisdiction
State v. Erik M. Smith, 2016AP2453-CR, District 3, 2/13/18 (not recommended for publication); case activity (including briefs)
The body of Eric Volp, a resident of Michigan when he disappeared, was found in a creek in Marinette County. After a long investigation Smith was eventually charged in Marinette County with killing Volp by running over him with his car and then hiding his corpse and he eventually pleaded guilty to most of the charges. (¶¶2-9). But as the criminal complaint itself acknowledged (¶7), the investigation never resolved whether Volp was killed in Marinette County or in Michigan. Despite that uncertainty the court of appeals holds there was sufficient factual basis to establish Wisconsin had territorial jurisdiction.
Evidence was sufficient to support verdicts for possession of drugs with intent to deliver
State v. Orlando Lloyd Cotton, 2016AP2211-CR, District 1, 2/13/18 (not recommended for publication); case activity (including briefs)
Cotton was convicted of being party to the crime of possession of cocaine and marijuana with intent to deliver and keeping a drug house. He unsuccessfully argues the evidence wasn’t sufficient to convict him and that his trial lawyer was ineffective.
Video of battery by juvenile supports trial court’s rejection of self-defense claim
State v. J.D.V., 2017AP1057, District 3, 2/13/18 (one-judge decision; ineligible for publication); case activity
J.D.V. (given the pseudonym “Joseph” by the court) was adjudged delinquent for punching Thomas, another juvenile, in the head outside of school. The incident was recorded by Charles, another student, using his electronic device. Based primarily on that recording the trial court rejected Joseph’s self-defense claim—rightly so, says the court of appeals.
Evidence was sufficient to show failure to assume parental responsibility
State v. L.M.O., 2017AP1814, District 1, 2/13/18 (one-judge decision; ineligible for publication); case activity
L.M.O. argues that there was insufficient evidence for the circuit court to find that he failed to assume parental responsibility for his child D.A.M. He also argues the court’s findings violated his due process rights because they were based on D.A.M.’s out-of-home placement and L.M.O.’s subsequent lack of contact with D.A.M. while a no-contact order was in effect. The court of appeals rejects his claims.
TPR court properly considered whether children had substantial relationship with mother and her family
State v. L.J., 2017AP2380, 2017AP2381, & 2017AP2382, District 1, 2/13/18 (one-judge decision; ineligible for publication); case activity
L.J. argues the circuit court terminated her parental rights to her children without properly considering whether her children had a substantial relationship with her or her family members. The court of appeals disagrees.
Must a defendant be informed that a guilty plea will result in a loss of the 2nd Amendment right to bear arms?
State v. Amanda L. Longley, 2017AP659-CR, District 4, 2/8/18 (1-judge opinion. ineligible for publication); case activity (including briefs)
The court of appeals here answers this questions “no,” based on SCOW’s recent and narrow reading of Padilla in State v. Le Mere, 2016 WI 41, 368 Wis. 2d 624, 879 N.W.2d 580. See Mike Tobin’s post on Le Mere here). But Wisconsin’s case law is conflicting, suggesting that this issue may be worthy of scrutiny by a higher court.
COA affirms finding of probable cause to arrest for OWI and improper refusal to submit to a blood test
State v. Dustin R. Willette, 2017AP888, District 3, 2/6/18 (1-judge opinion, ineligible for publication); case activity (including briefs)
A police dispatcher informed officer Hughes that a caller saw a man drive into gas station, exit his car, and walk away. Then another officer reported seeing a similarly-dressed man walking down the a road about a mile away. That man was Willette. Officer Hughes picked him up, drove him back to the car at the gas station, performed FSTs, arrested him for OWI, and asked him to submit to a blood test. Willette did not say “yes” or “no.” He said “I want to speak to a lawyer.” Here’s why the circuit court found probable cause to arrest and improper refusal to submit to a blood test.
January 2018 publication list
On January 31, 2018, the court of appeals ordered the publication of the following criminal law related decisions:
State v. Antonio A. Johnson, 2018 WI App 2 (defendant entitled to a day of credit for portion of a day spent in custody)
State v. Taran Q. Raczka, 2018 WI App 3 (whether defendant was negligent in not taking seizure medication is a jury question)
Court of appeals clarifies “guilty plea waiver” rule, says lawyers needn’t advise clients about DACA consequences of plea
State v. Marcos Rosas Villegas, 2018 WI App 9; case activity (including briefs)
This opinion resolves 2 issues worthy of publication and has already generated a petition for review (from an earlier version of the opinion, which was withdrawn and has now been replaced). According to the court of appeals, an attorney does not perform deficiently by failing to inform his client, an undocumented immigrant, that a plea would render him inadmissible to the U.S. and ineligible for DACA. Furthermore–for the first time–the court of appeals holds that the “guilty plea waiver” rule applies to claims of ineffective assistance of counsel, unless such a claim is offered as a reason to overturn the plea itself.