On Point blog, page 174 of 485
Resuming questioning of suspect didn’t violate his invocation of right to remain silent
State v. Johnnie Mertice Wesley, 2015AP590-CR, District 1, 7/6/16 (not recommended for publication); case activity (including briefs)
Wesley asserted his right to remain silent during an initial interrogation, and the detectives stopped questioning him. Detectives approached him two more times to resume questioning, and during the third interrogation Wesley made incriminating statements. The court of appeals holds that the detectives didn’t violate Wesley’s invocation of the right to remain silent by resuming interrogation. The court also rejects Wesley’s claim that he invoked the right to remain silent again during the third interrogation.
Evidence sufficient to support TPR order
State v. J.M., 2016AP817 & 2016AP817, District 1, 7/6/16 (one-judge decision; ineligible for publication); case activity
The evidence introduced at the fact finding hearing was sufficient to establish both continuing CHIPS and failure to assume parental responsibility grounds, and the circuit court properly exercised its discretion in finding that termination was in the best interests of T.M.’s children.
Unusual nervousness alone can justify extension of traffic stop
State v. Joshua J. Hams, 2015AP2656-CR, 6/30/16, District 4; (1-judge opinion; ineligible for publication); case activity (including briefs)
Don’t look down! If you do–and stutter nervously in response to questioning–the police have reasonable suspicion to extend a stop of your car for a traffic violation. So says the court of appeals in a decision that veers across the constitutional line and runs into federal case law heading the opposite direction.
Constitutional challenge to penalty enhancer for using a computer to facilitate a child sex crime fails
State v. James D. Heidke, 2016 WI App 55; case activity (including briefs)
The state charged Heidke with one count of use of a computer to facilitate a child sex crime. Heidke moved to dismiss the penalty enhancer in §939.617(1) because it violates the Equal Protection Clause of the Fourteenth and Eighth Amendments in that it has no rational basis to that crime and it is unconstitutional as applied to him.
House’s front porch is a “public place”
State v. Tory C. Johnson, 2015AP1322-CR, 6/28/2016, District 1 (not recommended for publication); case activity (including briefs)
Tory Johnson raises various challenges to his jury-trial conviction for resisting an officer causing substantial bodily harm.
Court of Appeals rejects constitutional challenges to juvenile’s life sentence
State v. Antonio D. Barbeau, 2016 WI App 51; case activity (including briefs)
Barbeau killed his great-grandmother when he was 14 years old, and eventually pled no contest to first-degree intentional homicide, which carries an automatic life sentence. When imposing such a sentence, the court must make a decision as to extended supervision: it can either deny any possibility of ES, or it can set a date at which the person becomes eligible, though such date must occur after the person has served at least 20 years. Wis. Stat. § 973.014(1g).
Failure to investigate confessing co-defendant was not deficient performance
State v. David L. Vickers, 2015AP1631-CR, 6/22/16, District 2 (not recommended for publication); case activity, including briefs
Vickers, who was convicted of misdemeanor bail jumping and retail theft of a wireless router, filed a §974.06 motion claiming ineffective assistance of counsel because his trial lawyer failed to move for suppression of stolen property found in his car and failed to investigate or call as a witness a co-defendant who later confessed to the theft. The court of appeals here affirms the convcition.
Defense win: State failed to meet burden at Kastigar hearing
State v. Karl L. Quigley, 2016 WI App 53; case activity (including briefs)
Karl Quigley confessed to sex offenses during an interrogation by a police detective, and later confessed to additional offenses while being questioned by his probation officer. The court of appeals rejects his Miranda challenge to his initial confession, but agrees that the state failed to show that evidence obtained after the statement to the P.O. was “derived from a legitimate source wholly independent of” that statement, as required by Kastigar v. United States, 406 U.S. 441 (1972). Because Quigley’s plea bargain incorporated charges from both sets of offenses, the court remands for plea withdrawal.
Evidence was sufficient to justify involuntary medication order
Winnebago County v. M.O.S., 2015AP2619, District 2, 6/15/16 (one-judge decision; ineligible for publication); case activity
The circuit court’s oral findings at the conclusion of M.O.S.’s trial didn’t track the statutory language in either § 51.61(1)(g)4.a. or 4.b., but no matter: On the standard involuntary medication order form the court checked the box corresponding to the standard under subdivision 4.b. (¶¶4, 7), and the evidence presented at trial is sufficient to support an order under that standard, despite M.O.S’s partial understanding that his delusions are caused by mental illness.
State barred from amending OWI charge from felony to misdemeanor
State v. Brian R. Corvino, 2016 WI App 52; case activity (including briefs)
This decision examines § 967.055(2)(a), which requires the State to apply to the circuit court before amending an OWI charge. The court of appeals found that amending the charge here would be inconsistent with the public policy of deterring drunk-driving and held that the circuit court had the inherent authority to order the State to file an Information charging Corvino’s 4th OWI as a felony.