On Point: 46. WI Court of Appeals

State v. James A. Webb, 2015AP1613-CR, 3/22/16, District 1 (-1-judge opinion; ineligible for publication); case activity (including briefs)

The court of appeals here reverses a suppression order and holds that officers had reasonable suspicion to stop Webb’s SUV because its high-mount stop light was not working while the driver was braking. During the stop, officers discovered that Webb was carrying a concealed weapon without a permit.

State v. Jack M. Suriano, 2015AP959-CR, 3/15/16, District 3 (one-judge decision; ineligible for publication), petition for review granted 9/13/16, affirmed, 2017 WI 42; case activity (including briefs)

The circuit court never warned Suriano that forfeiture of his right to counsel was a possibility and did not engage Suriano in a colloquy about the difficulties and dangers of self-representation. Nonetheless, its finding that Suriano forfeited his right to appointed counsel is affirmed because the warning and colloquy are only “recommended,” and not required, procedures.

State v. J.S., 2015AP707, District 1, 3/15/16 (one-judge decision; ineligible for publication); case activity

Applying the failure to assume parental responsibility statute, § 48.415(6), to J.S. did not violate his right to substantive due process because J.S.’s own behavior, not the CHIPS order removing his daughter S.L. from her parental home, was what prevented him from taking part in S.L.’s daily supervision and care.

Columbia County v. Stephen M. Kokesh, 2015AP1650, District 4, 3/10/16 (one-judge decision; ineligible for publication); case activity (including briefs)

The totality of the circumstances—the driving observed by the officer and the time of the driving—provided reasonable suspicion stop Kobkesh’s car, despite Kokesh’s creative attempt to show otherwise.

State v. Steve C. Deterding, 2015AP195-CR, 3/10/16, District 3 (not recommended for publication); case activity (including briefs)

A police officer lawfully removed the object he felt in Deterring’s pants pocket during a lawful pat-down for weapons.

State v. Todd Brian Tobatto, 2016 WI App 28; case activity (including briefs)

The news, in this otherwise run-of-the-mill case, is the standard of review. 

State v. Jesus C. Gonzalez, 2015AP784-CR, 3/8/16, District 1 (not recommended for publication); case activity (including briefs)

Gonzalez raises two challenges to his conviction, at jury trial, of reckless homicide and reckless endangerment. The court of appeals finds any error harmless.

State v. Beverly Reshall Holt, 2013AP2738-CR, 3/8/16, District 1 (not recommended for publication); case activity (including briefs)

The trial court did not err in admitting the audiovisual recording of the forensic interview of Caleb, one of the child victims, at Holt’s trial for child sexual assault.

City of Rhinelander v. Thomas V. Wakely, 2015Ap302, 3/8/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

While the accident reporting requirement under § 346.70(1) requires that property damage reach a certain minimum “apparent [monetary] extent” before the accident is reportable, it does not require a minimum monetary extent for personal injuries before the accident is reportable.

State v. John D. Arthur Griffin, 2015AP1271-CR, 3/3/16, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

The court of appeals finds that the police had reasonable suspicion to stop the car Griffin was driving and, even though that suspicion dissipated during the encounter, that the continued detention of Griffin was reasonable.