On Point blog, page 160 of 484
Counsel not ineffective in handling impeachment of defendant, defense witness with prior convictions
State v. Christopher J. McMahon, 2015AP2632-CR, District 3, 1/18/17 (one-judge decision; ineligible for publication); case activity (including briefs)
McMahon’s trial attorney wasn’t ineffective for failing to shield McMahon and another defense witness from impeachment using a prior conviction.
Parent knew plea to TPR grounds would mean unfitness finding
State v. L. H.-H., 2016AP917, 1/18/17, District 1 (1-judge decision; ineligible for publication); case activity
L.H.H. seeks to withdraw his plea to the single T.P.R. ground of failure to assume parental responsibility. He contends he did not understand that a plea would result in a finding that he was an unfit parent; the court of appeals upholds the circuit court’s finding that he did.
Citizen informant’s tip supports probable cause to arrest for possesion of heroin
State v. Jimmie C. Johnson, 2015AP1233-CR, 2015AP2260-CR, 1/11/17, District 1 (not recommended for publication); case activity (including briefs)
When J.T. stepped out of her car in the parking lot of the West Allis Chuck E. Cheese she spotted a purple “Crown Royal” bag outside the driver’s door of the Chevy Tahoe next to her. It contained 69 aluminum foil folds. She took a photo of the license plate, went into the Chuck E. Cheese where she watched man get into the Tahoe, drive off, turn around, return to the parking spot and search for something. He then when into the Pet World next door where a video camera captured him searching for something.
Court of appeals finds sufficient evidence for commitment
Iowa County v. J.L.R., 2016AP1459, 1/12/17 (one-judge decision; ineligible for publication); case activity (including briefs)
J.L.R. challenges her ch. 51 commitment on the ground that there was insufficient evidence that she was dangerous to herself or others. The court of appeals finds sufficient evidence as to danger to others, and so affirms.
Extension of initial seizure justified by totality of circumstances
State v. Joshua D. Winberg, 2016AP108-CR, District 3, 1/10/17 (one-judge decision; ineligible for publication); case activity (including briefs)
The police had reasonable suspicion to extend a traffic stop to investigate whether the driver was operating under the influence.
Defense win: possible driver lacking Wisconsin license not reasonable suspicion
State v. Brittanie Jo Palaia, 2016AP467-CR, 12/30/17, District 3 (1-judge decision; ineligible for publication); case history (including briefs)
Here we have the latest twist on State v. Newer, 2007 WI App 236, 306 Wis. 2d 193, 742 N.W.2d 923, which held that an officer who knows only that a moving vehicle is registered to a person with a revoked license has reasonable suspicion for a stop.
State presented sufficient evidence to corroborate juvenile’s confession
State v. J.F.K., 2016AP941, District 3, 12/28/16 (1-judge opinion, ineligible for publication); case activity
Fifteen-year-old J.F.K. confessed to having sex twice with his 17-year-old ex-girlfriend. At the delinquency hearing, the State (1) played his video confession, (2) offered the testimony of a detective who said that police had referred the girlfriend to be charged for having sex with J.F.K., and (3) a JOC showing that the ex-girlfriend had pled guilty to 4th degree sexual assault but, of course, did not name the victim.
Counsel’s failure to object to hearsay and opinion evidence was not ineffective
State v. B.H., 2016AP892-893, District 1, 12/28/16 (1-judge opinion, ineligible for publication)
B.H.’s twins were taken from her due to a report of violence between her and their father. The trial court found that she had failed to meet the conditions for their return and to assume parental responsibility. B.H. argues that those findings rest upon inadmissible hearsay in the form of testimony from the foster mother and from a social worker and in the form of a letter from the Bureau. B.H. asserts that trial counsel’s failure to object to this evidence amount to ineffective assistance of counsel.
Wide turn into left-hand lane, slow speed among factors justifying stop
City of Eau Claire v. David Eugene Phelps, 2016AP248, District 3, 12/28/16 (one-judge decision; ineligible for publication); case activity (including briefs)
Contrary to the circuit court’s conclusion, a police officer’s observations about Phelps’s driving provided more than a “hunch” and justified the stop of his car.
Defense win: TPR order reversed because it was based on circuit court’s mistake about its authority
T.M.H. v. A.N.W., 2016AP1981, District 4, 12/29/16 (one-judge decision; ineligible for publication); case activity
The biological father of J.H. petitioned to terminate the parental rights of the biological mother, A.W. The circuit court granted the petition, but only after concluding it could order continued visitation between J.H. and his maternal great-grandmother, with whom J.H. had an important relationship. It turns out the circuit court did not have that authority. Because the circuit court said it “absolutely, positively” would not terminate A.W.’s rights unless it could order continued visitation by the great-grandmother, the termination order is reversed.