On Point blog, page 152 of 485
Defendant made prima facie showing of invalid waiver of counsel in prior OWI case
State v. Scot Alan Krueger, 2016AP2438-CR, 5/25/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court erred in holding Krueger failed to make a prima facie showing that he didn’t validly waive the right to counsel in a prior OWI conviction.
Cost of beefing up security system was a proper item for restitution
State v. Shaun R. Ezrow, 2016AP1611-CR, 5/25/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
The cost a business incurred in enhancing its security system after an employee stole money was a proper item of restitution under § 973.20.
Too mentally ill to grasp the advantages and disadvanages of treatment, but well enough to waive the 5th Amendment?
Crawford County v. E.K., 2016AP2063, 5/18/17, District 4 (1-judge opinion, ineligible for publication); case activity
This case presents multiple SCOW-worthy issues. One is an interesting constitutional dilemma. The County sought to extend E.K.’s commitment and involuntary medication order and, as evidence, offered threatening emails that E.K. had allegedly sent. Defense counsel objected because the emails had not been authenticated. So the County called E.K. to the stand to authenticate them. Defense counsel objected on 5th Amendment grounds. This prompted E.K. to say: “I’ll waive that. Yes, those are my emails.”
Court of appeals rejects challenges to motorboat implied consent citation
State v. Donald G. Verkuylen, 2016AP2364, 5/18/2017, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Verkuylen pled to refusing a blood draw contrary to the motorboat implied consent law, Wis. Stat. § 30.684. He raises several arguments about the statutorily required warnings, but the court of appeals finds them all either meritless or forfeited.
Statutory amendment altering elements did not invalidate plea
State v. Richard J. Scott, 2017 WI App 40; case activity (including briefs)
Richard Scott seeks to withdraw his pleas to one count of repeated sexual assault of the same child and one count of possessing child pornography. As to the sexual assault count, he was charged under the wrong statute–a prior version. As to the child pornography, he argues that the complaint lacked a factual basis for the plea. The court of appeals rejects both challenges.
Court of appeals asks SCOW again: Does warrantless blood draw of unconscious motorist violate the 4th Amendment?
State v. Gerald P. Mitchell, 2015AP304-CR; District 2, 5/17/17, certification granted 9/11/17; case activity (including briefs)
Issue: Whether the warrantless blood draw of an unconscious motorist pursuant to Wisconsin’s implied consent law, where no exigent circumstances exist or have been argued, violates the Fourth Amendment.
Local governments can intervene in ch. 980 supervised release proceedings
State v. Michael McGee, 2017 WI App 39; case activity (including briefs)
This is an important decision for the few, the happy few, who represent persons committed under ch. 980 in seeking supervised release. The court of appeals holds that the municipalities in which a committed person may be placed have the right to intervene in supervised release proceeding. It also holds that if the circuit court and Department of Health Services fail to adhere strictly to the statutory requirements governing supervised release planning, the supervised release order is invalid.
Warrant for arrest was reasonable suspicion to stop
City of Pewaukee v. John Jay Kennedy, 2016AP2383, 5/17/17, District II (one-judge decision; ineligible for publication); case activity (including briefs)
An officer stopped Kennedy’s vehicle after running the plates and seeing that its registered owner, Kennedy, had a warrant out for his arrest. Kennedy was driving, and was eventually arrested for OWI.
Defense wins on restitution, loses on evidentiary issues
State v. Shawn W. Forgue, 2016AP2414-CR, 5/11/17, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs)
Forgue, convicted of misdemeanor battery and disorderly conduct, appealed the circuit court’s decision to exclude evidence of the victim’s prior violent conduct toward him (i.e. McMorris evidence) and her other bad acts. He also appealed an order setting restitution at $269.50 for the victim’s lost wages and $1,000 to the Crime Victim Compensation Program.
Court of Appeals reverses circuit court’s finding that trial counsel was ineffective
State v. Anthony R. Pico, 2015AP1799-CR, 5/10/17, District 2 (not recommended for publication), petition for review granted 10/10/17, affirmed, 2018 WI 66; case activity (including briefs)
The circuit court granted Pico a new trial on a charge of first degree child sexual assault after concluding Pico’s trial lawyer was ineffective on various grounds. Over a dissent, the court of appeals reverses and reinstates Pico’s conviction.