On Point: 46. WI Court of Appeals

Outagamie County v. J.J., 2016AP43, 10/12/16, District 3 (1-judge opinion, ineligible for publication); case activity

If this opinion doesn’t cross the line of Outagamie County v. Melanie L., 2013 WI 67, ¶¶91, 97, 349 Wis. 2d 148, 833 N.W.2d 607, it at least curls its toes around the decision. 

State v. Sabrina Marie Hebert, 2015AP2183-CR, District 3, 10/12/2016 (one-judge decision; ineligible for publication); case activity (including briefs)

The court of appeals rejects Hebert’s challenges to the circuit court’s factual findings and its conclusion that there was reasonable suspicion to stop the car she was driving.

State v. Darren Wade Caster, 2015AP1965-CR, District 3, 10/12/2016 (one-judge decision; ineligible for publication); case activity (including briefs)

The fact that an officer stopped Caster outside the limits of his jurisdiction does not mean the evidence garnered from the stop must be suppressed because the stop was reasonable.

State v. Samuel K. Dixon, 2015AP2307-CR. 10/6/16; District 1 (per curiam; uncitable); case activity (including briefs)

You may not cite this per curiam opinion as precedent in any Wisconsin court, but happily you can bask in Dixon’s victory. The court of appeals wisely held that his 5-minute, friendly conversation with a “thicker black female” at 6:00 a.m. on 29th and Lisbon in Milwaukee did not constitute reasonable suspicion of prostitution-related activity.

State v. Brandon E. Jordan, 2015AP2062-CR, 10/6/16, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs)

Jordan violated the terms of his Deferred Prosecution Agreement and received a warning letter which resulted in a 6-month extension of the agreement with new conditions. He then violated the conditions of the extension, and was terminated from the Deferred Prosecution Program. He argued that his termination violated the terms of the DPA.

State v. David L. Tarlo, 2016 WI App 81; case activity (including briefs)

When’s the last time you saw a defense win on a restitution issue? This child porn case addresses the vexing problem of circuit courts awarding restitution though the victim failed to prove that her losses were “a result of a crime considered at sentencing” as required by Wis. Stat. §973.20(14)(a). 

State v. D.C.M., 2016AP1205-FT, 10/5/16, District 2 (1-judge opinion; ineligible for publication); case activity

The stay of a dispositional order in a juvenile case cannot be lifted unless the parties and the court follow the notice and hearing requirements of §938.34(16).  They failed to do so in this case, so the court of appeals reversed the circuit court’s order lifting the stay on D.C.M.’s sex offender registration.

State v. Jordan Branovan, 2016AP622-CR, 10/5/16, District 2 (1-judge opinion; ineligible for publication); case activity (including briefs)

Here’s a sure fire way for law enforcement to comply with Rodriguez v. United States, 135 S.Ct. 1609 (2015): summon a K-9 officer before initiating a traffic stop in order to minimize the extension of it. That’s what Officer Heinen did here once he saw that Branovan was not wearing a seat belt but was wearing a hat with what looked like a multicolored pot leaf on it. Four and half minutes later, the K-9 officer arrived on the scene, conducted a sniff, which led to the discovery of THC and drug paraphernalia.

State v. A.S.W./State v. J.P.W., 2015AP2119 & 2015AP2120, District 2, 10/5/16 (one-judge decision; ineligible for publication); case activity

Douglas Yanko was convicted of sexually assaulting a child. Postconviction, he sought access to the juvenile court records of the child’s brothers, A.S.W. and J.P.W., who were also charged with sexually assaulting the child. Yanko asserts there may be exculpatory evidence in the records—in particular, evidence the child is untruthful or otherwise incredible—because the delinquency petitions were amended to charge misdemeanor battery and A.S.W. and J.P.W. were given in-home placement. (¶¶2-4). The court of appeals rejects all Yanko’s arguments for getting access to the records.

State v. Ali Garba, 2015AP1243-CR, District 2, 10/5/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Garba wanted to present testimony from two expert witnesses about possible reliability problems with the gas chromatography tests of his blood, but the circuit court wouldn’t let him. The court of appeals holds the circuit court properly exercised its discretion and rejects Garba’s claim the ruling violated his right to present a defense.