On Point blog, page 18 of 485
Speeding motorist’s attempt to undo conviction in COA fails under governing standard of review
Winnebago County v. Thomas J. Roberts, 2023AP1808, District II, 6/12/24 (one-judge decision; ineligible for publication); case activity
In a rare appeal of a conviction for speeding, COA easily dispatches Roberts’s arguments given the deferential standard of review for findings of fact.
DOJ’s decision to deny application for firearm affirmed where applicant’s misdemeanor crime of domestic violence was expunged.
Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, 6/4/24, District III (recommended for publication); petition for review granted 11/12/24; dismissed as improvidently granted 6/24/25 case activity
Court of Appeals affirms circuit court’s order affirming DOJ’s decision to deny applicant’s request to purchase firearm after applicant’s conviction for a misdemeanor crime of domestic violence was expunged.
Police properly requested PBT; had probable cause to arrest intoxicated motorist
State v. Joseph S. Schenian, 2023AP2017-CR, 6/5/24, District II (1-judge decision, ineligible for publication); case activity
Despite Schenian’s best efforts to do away with a damaging PBT result, COA rejects his arguments and affirms.
COA finds intoxicated driver was not subjected to “constructive arrest” and affirms denial of motion to suppress
City of Hartford v. Edward H. White, 2023AP1813 & 2023AP1814, 6/5/24, District II (1-judge decision, ineligible for publication); case activity
Although White tries to argue that he was under an unconstitutional constructive arrest when initially seized for suspicion of an OWI offense, COA finds his arguments unavailing and affirms.
Defense Win! Defendant entitled to hearing to determine eligibility for SAP/CIP
State v. Les Paul Henderson, 2023AP2079-CR, 5/31/24, District IV (not recommended for publication); case activity
Although Henderson fails to persuade COA that a JOC making him eligible for early release programming controls, he does live to fight another day given COA’s order that he receive a hearing at which time the circuit court will have to exercise its discretion to determine his eligibility.
Mother’s sufficiency of the evidence challenge rejected because circuit court entered a TPR dispo order “a reasonable judge could reach”
State v. E.S., 2024AP395 & 396, 5/21/24, District I (one-judge decision; ineligible for publication); case activity
E.S. (“Emily”) challenges the sufficiency of the evidence supporting the circuit court’s finding that her children did not have a substantial relationship with her and that they were too young to express their wishes. The court of appeals affirms after reviewing the record and concluding that the circuit court properly exercised its discretion by considering the statutorily required disposition factors and reaching a decision that a reasonable judge could reach Op., ¶26.
Defense Win! Driving on road “closed to through traffic” insufficient to justify traffic stop
Town of Dunn v. Brian S. LaFleur, 2023AP1529-1531, 5/23/24, District IV (1-judge opinion, not eligible for publication); case activity
LaFleur was stopped after driving on a road that was marked “closed to through traffic” because his vehicle was registered to an address outside of the area. After the circuit court granted LaFleur’s motion to suppress, the Town appealed. The court of appeals affirms and agrees with the circuit court that the Town’s position would “impose too great of a burden on the Fourth Amendment rights” of non-local drivers using a road closed to through traffic for lawful purposes. Op., ¶16.
COA rejects erroneous exercise of discretion claim and affirms sentencing court’s imposition of prison sentence instead of probation
State v. Zackery J. Olson, 2023AP369-CR, 5/22/24, District II (1-judge opinion, not eligible for publication); case activity
Olson’s erroneous exercise of discretion claim regarding the court’s decision to impose a prison sentence instead of probation fares about as well as you would expect. The court of appeals reviews and details the record supporting the court’s decision and affirms because Olson failed to meet his burden to prove the sentencing court erred.
Advice to admit to “reasonable effort” not structural or prejudicial error in TPR trial
Kenosha County DC&FS v. M.A.C., 2023AP2068 & 2069, 5/14/24, District II (one-judge decision; ineligible for publication); case activity
M.A.C. (“Molly”) challenges the circuit court’s decision to deny her postdisposition motion without a hearing. The court of appeals affirms because it says Molly can’t establish she was prejudiced by her trial attorney’s advice that she admit the county made a “reasonable effort” to provide services ordered by the CHIPS court.
COA affirms denial of suppression motion, but reminds state of basic briefing rules
State v. Mitchell D. Butschle, 2023AP2120-CR, 5/8/24, District II (one-judge decision, ineligible for publication); case activity
On appeal from a conviction for operating with a detectable controlled substance, the court rejects Butschle’s claims that police lacked probable cause to arrest. The court affirms because “there were enough indicators of impairment to satisfy probable cause to arrest, including (1) “a strong odor of alcohol,” (2) “Butschle’s eyes were bloodshot and glassy,” (3) “the stop occurred just after 2:00 a.m., which is bar time,” and (4) “Butschle failed the HGN test and showed balance indicators on the other two [FSTs].” Op., ¶¶10-11.