On Point: 46. WI Court of Appeals

State v. Tydis Trinard Odom, 2015AP2525-CR; District 2, 11/9/16; certification refused 1/9/17; case activity (including briefs)

Issue:

Does the imposition of multiple DNA surcharges constitute “potential punishment” under WIS. STAT. § 971.08(1)(a) such that a court’s failure to advise a defendant about them before taking his or her plea establishes a prima facie showing that the defendant’s plea was unknowing, involuntary, and unintelligent?

Winnebago County v. J.M., 2016AP619, District 2, 11/9/16 (one-judge decision; ineligible for publication), petition for review granted 5/15/17, affirmed, 2018 WI 37; case activity

J.M.’s lawyer didn’t secure civilian clothes for him to wear at his ch. 51 recommitment hearing, so he appeared before the jury in his prison greens (sans the shackles, at least; and the stun belt wasn’t visible to the jury). The court of appeals rejects the claim J.M.’s lawyer was ineffective for failing to make a modest outlay at the local Goodwill to purchase J.M. an outfit without the negative stigmata and for failing to ask for a curative instruction.

City of Appleton v. Jacob Anthony Vandenberg, 2015AP2649, District 3, 11/8/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Because he entered a plea to OWI, first offense, Vandenberg forfeited his arguments that police lacked reasonable suspicion to stop him for operating while intoxicated or hit-and-run under § 346.69, and the court of appeals declines to disregard the guilty-plea-waiver rule.

State v. Steven J. Schaefer, 2015AP2555-CR, District 3, 11/1/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Schaefer challenged evidence seized after he was arrested outside his home. He argued the arresting officer entered the curtilage of his home without a warrant. The court of appeals holds the area was not curtilage under the four-factor test established by United States v. Dunn, 480 U.S. 294 (1987).

State v. Curtis D. Christianson, 2015AP24400-CR, District 3, 11/1/16 (one-judge decision; ineligible for publication); case activity (including briefs)

An officer observed Christianson deviate from his lane of traffic “numerous” times by going over the center line and fog line; some of the deviations occurred while he was driving through a construction zone that had orange barrels blocking access to the left lane. (¶¶3-5). Those observations gave the officer probable cause to stop Christianson for a traffic law violation.

State v. F.B., 2016AP497, 11/1/16, District 1 (one-judge decision; ineligible for publication); case activity

F.B. seeks reversal of the circuit court’s denial of a permanent stay of his obligation to register. No briefs are available and it is difficult to tell what his argument might have been; in any case the court of appeals holds the circuit court properly exercised its discretion.

State v. Thomas D. Dowling, 2016AP838-CR, 10/26/16, District II (one-judge; ineligible for publication); case activity (including briefs)

This is an ineffective assistance claim against Dowling’s trial counsel for not moving to suppress evidence obtained after Dowling told police officers–whom his wife had allowed into their apartment–to leave.

County of Sheboygan v. Lee F. Kleinhans, 2016AP836, 10/26/16, District 2 (one-judge decision; ineligible for publication); case activity (including respondent’s brief)

Lee Kleinhans appeals, pro se, from his bench trial conviction for failing to obey an official traffic sign contrary to Wis. Stat. § 346.04(2). Things never really get off the ground.

County of Fond du Lac v. Stuart D. Muche, 2016 WI App 84; case activity (including briefs)

Muche threw a high school graduation party  for his son and (gasp!) some of the underage guests brought beer to it. Sheriff’s deputies showed up and cited Muche for violation of Fond du Lac County’s social host ordinance, which resulted in a forfeiture of $1,000. This decision dismisses the forfeiture and, according to the Journal Sentinel, could require changes to “dozens of social host ordinances aimed at combatting underage drinking.” In short, this decision is SCOW bait.

County of Fond Du Lac v. Blade N. Ramthun, 2016AP825, District 2, 10/26/16 (1-judge opinion, ineligible for publication); case activity (including briefs)

A deputy stopped Ramthun for speeding and suspected that he had been drinking. Because it was 1:08 a.m. and raining hard on Highway 45, the deputy drove him 3 to 4 miles to a gas station to conduct field sobriety tests. Ramthun argued that his temporary detention and movement violated §968.24, which codifies Terry v. Ohio, 392 U.S. 1, 22 (1986).