On Point blog, page 18 of 487
COA: Evidence of operating a motor vehicle while under the influence of controlled substances sufficient due to reasonable inference
State v. Joseph B. Venable, 2023AP1367, 8/15/24, District IV (1-judge decision, ineligible for publication); case activity
COA affirms circuit court judgment convicting Venable of first offense operating a motor vehicle while under the influence of controlled substances under Wis. Stat. § 346.63(1)(a), due to his use of prescription medications.
COA: Reports of domestic incident justified stopping vehicle as community caretaking function; extending stop to perform field sobriety tests permitted based on reasonable suspicion of OWI.
State v. Reichert, 2023AP1224, 8/14/24, District II (one-judge decision; ineligible for publication); case activity
Roxanne Reichert appealed from a judgment of conviction after she pled no contest to operating a vehicle under the influence. She argued that the circuit court erred when it denied her motion to suppress evidence seized after she was stopped in her vehicle. The Court of Appeals affirmed and found that: 1) police were justified to stop Reichert as a community caretaking function; and 2) police had reasonable suspicion to extend the stop to investigate Reichert for criminal activity, including OWI.
In published decision, COA holds that CR-215 procedure triggers attachment of right to counsel but denies relief given that law was “unsettled”
State v. Percy Antione Robinson, 2020AP1728-CR, 8/6/24, District I (recommended for publication); case activity
In a published decision that criminal practitioners have been waiting on for years, COA holds that a CR-215 probable cause procedure used to satisfy the requirements of Riverside triggers the attachment of the Sixth Amendment right to counsel.
COA affirms discretionary termination order under deferential standard of review
State v. T.L., 2024AP859-863, 8/1/24, District I (one-judge decision; ineligible for publication); case activity
In yet another TPR appeal challenging the circuit court’s discretionary termination order, COA affirms given the imposing standard of review.
Publication Orders of COA
In May, June and July COA released a number of published decisions:
COA finds portions of juvenile suspect’s statements during marathon interrogation involuntary due to coercive interrogation techniques, but juvenile was not in custody for Miranda purposes; circuit court’s order suppressing all statements affirmed in part and reversed in part.
State v. Kruckenberg Anderson, 2023AP396-CR, 7/25/24, District IV (recommended for publication); case activity
The tragic death of a newborn baby in the bucolic countryside of southwest Wisconsin prompted aggressive interrogation techniques by law enforcement that the Court of Appeals considered coercive in light of the suspect’s age of 16. But the court found that a reasonable 16-year old would have felt free to leave when the police told him repeatedly he was not under arrest and did not have to answer questions; law enforcement therefore did not have to advise the suspect of his Miranda rights. The COA affirmed in part and reversed in part the circuit court’s order suppressing the defendant’s statements.
COA rejects attack on discretionary termination order under well-settled precedent
Dane County v. J.B., 2024AP985, 7/25/24, District IV (one-judge decision; ineligible for publication); case activity
Because J.B.’s request that COA reweigh the dispositional factors in her favor is precluded by governing case law, COA affirms.
COA affirms circuit court’s order denying TPR defendant’s request for new counsel.
Portage County v. W.P.R., 2024AP454, 7/11/24, District IV (one-judge decision; ineligible for publication); case activity
COA affirms circuit court’s order denying defendant’s request for new counsel in TPR case.
COA: Driver does not have right under implied consent statute to refuse blood test when driver proposes to take breath or urine test.
City of Mequon v. Schumacher, 2023AP2411, 7/3/24, District II (one-judge decision; ineligible for publication); case activity
COA determines person suspected of driving under the influence does not have right under implied consent statute, Wis. Stat. § 343.305, to refuse blood test if the person offers to take a breath or urine test instead.
COA holds that appeal of Chapter 55 protective placement review is moot
Washington County v. T.R.Z., 2024AP21, District II, 6/19/24 (one-judge decision; ineligible for publication); case activity
Although “Tim’s” appeal presents several issues for review, COA dismisses the appeal as moot given the existence of an intervening Watts review.