On Point: 46. WI Court of Appeals

State v. Thomas J. Queever, 2016 WI App 87; case activity (including briefs)

Thomas Queever tried to break into a house. We know this because the home’s security system captured video of him doing so. The circuit court and the court of appeals ordered him to pay the cost of said security system, concluding that the expense of installing it was the “result of a crime considered at sentencing,” even though it was installed prior to the burglary of which Queever was convicted. Does the court of appeals’ authority extend to reversing the arrow of time?

State v. Marie Williams, 2016 WI App 82; case activity (including briefs)

Like other states, Wisconsin has an opioid addiction epidemic. To encourage people to summon emergency aid for someone who has overdosed, the legislature passed §961.443 which provides that that an “aider” is immune from prosecution for the possession of drug paraphernalia under §961.573 or a controlled substance or a controlled substance analog under §961.41(3g) when trying to help a victim of overdose.

City of Madison v. Jacob Ong, 2015AP1176, 10/20/16, District 4 (1-judge decision; ineligible for publication) case activity (including briefs)

The court rejects all challenges to this pro se appellant’s jury-trial conviction of an ordinance violation for stealing a letter from a mailbox.

State v. Andrew S. Sato, 2015AP1815-CR, 10/18/2016, District 1 (not recommended for publication); case activity (including briefs)

Police investigating an armed robbery the previous evening learned their suspect was at home in his apartment. One officer initiated a “knock and talk,” banging on the front door of the apartment and yelling for five to ten minutes while another officer positioned himself outside near the apartment’s bedroom window. After that second officer heard loud noises, the first kicked in the door and arrested Sato. The officers then went and got a search warrant for the apartment, which turned up evidence of the crime.

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).