On Point: 46. WI Court of Appeals

State v. Keith A. Wiedmeyer, 2016 WI App 46; case activity (including briefs)

In an impressive of feat of judicial activism, the court of appeals here rewrites §343.305(5)(d) and (6)(a) and defies precedent to achieve its desired outcome: the admission of statutorily invalid blood test results at OWI trials. On Point looks forward to SCOW’s take on this published court of appeals decision.

State v. Chad T. Kippley, 2015AP1671-CR, 5/19/16, District 4 (unpublished opinion); case activity (including briefs)

A warden observed Kippley’s boat travelling at a slow speed in bow-up position. Based on his training and experience, the warden suspected that the boat was equipped with a motor in excess of its maximum horsepower rating, so he stopped Kippley and obtained evidence that led to Kippley’s conviction for operating a boat while intoxicated.

Rock County v. S.J.M., 2016AP255-FT, 5/19/16, District 4 (one-judge opinion; ineligible for publication); case activity

A circuit court involuntarily committed S.J.M. under §51.20(1)(a)1 -2 after finding him mentally ill, a proper subject for treatment, and dangerous.  S.J.M. challenged the “dangerous” determination and, specifically, the finding that he threatened his mother with serious physical harm, which made her reasonably fear violent behavior and serious harm from him.

State v. Mario Martinez Redmond, 2015AP657-2015AP658-CR, 5/17/16, District 1 (not recommended for publication); case activity (including briefs)

Redmond was charged and convicted of battery, disorderly conduct, and multiple counts of witness intimidation. His appeal raised various ineffective assistance of counsel and other claims. But the most interesting issue concerns Redmond’s failed motion to suppress a cryptic text message sent from his phone.

State v. Bradley L. Kilgore, 2016 WI App 47; case activity (including briefs)

The execution of the search warrant at Kilgore’s home started with a heavily armed officers, including a SWAT team, entering and putting Kilgore down on the floor at gunpoint; but once the home was “cleared” and weapons were secured and the SWAT team left, Kilgore was not in custody for Miranda purposes. Thus, the statements he made to police while they searched his home were admissible despite the lack of a Miranda warning.

Walworth County v. James E. Robinson, Jr., 2015AP2504-FT, 5/18/16, District 2 (one-judge decision; ineligible for publication); case activity (including memo briefs)

The County needed to prove Robinson drove his motor vehicle on a highway while under the influence of a drug to a degree which rendered him incapable of safely driving, § 346.63(1)(a). It succeeded.

State v. Arturo Luiz-Lorenzo, 2015AP1540-CR, 5/18/2016, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Police discovered cocaine on Luiz-Lorenzo as a result of his arrest; he challenges the grounds for the initial Terry stop.

State v. Michael W. Bryzek, 2016 WI App 48; case activity (including briefs)

Bryzek had already completed most of his alleged acts when a 2010 statute broadened the definition of theft by a bailee; the court of appeals agrees with the circuit court that the jury should have been instructed on the narrower element.

Village of Somerset v. Mark J. Hoffman, 2015AP140, District 3, 5/17/16 (not recommended for publication); case activity (including briefs)

Viewed through the interpretive prism mandated by § 66.0409(6), a local ordinance prohibiting “wander[ing] or stroll[ing] in an aimless manner” that is “not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons” isn’t violated by a person walking around with a loaded semi-automatic rifle slung over his shoulder and a loaded handgun in a holster on his hip.

Rock County HSD v. W.J., 2015AP2469, District 4, 5/12/16 (one-judge decision; ineligible for publication); case activity

The county department had authority under § 48.42(1) to file a TPR petition alleging any ground for termination.