On Point: 46. WI Court of Appeals

State v. Sherwood A. Lebo, 2014AP730-CR, District 3, 4/7/15 (not recommended for publication); case activity (including briefs)

Lebo failed to make a prima facie showing that his right to counsel was violated in two prior OWI proceedings because he didn’t point to specific facts demonstrating that he did not know or understand information that should have been provided during the waiver of counsel colloquy, as required by State v. Ernst, 2005 WI 107, ¶¶25-26, 283 Wis. 2d 300, 699 N.W.2d 92.

State v. Nathan M. Caffero, 14AP1711-CR, District 3, 4/7/15 (one-judge decision; ineligible for publication); case activity (including briefs)

Despite the trial testimony of Muxlow, Caffero’s girlfriend, that she was the person who caused the fire in their apartment by putting lit incense on top of a toilet paper roll, Caffero’s own admissions to the police gave the jury a basis to infer he subsequently handled the smoldering roll and that he did so negligently. Therefore, the evidence is sufficient to support his conviction for violating § 941.10.

Winnebago County v. Christopher S., 2014AP1048, 4/1/15, District 2, click here for certification; certification granted 5/12/15, circuit court orders affirmed, 2016 WI 1

Issue

This appeal raises an important issue of first impression regarding the constitutionality of a mental health treatment statute related to inmates within the Wisconsin state prison system. The question presented is whether Wis. Stat. § 51.20(1)(ar) (2013-14) is facially unconstitutional on substantive due process grounds because it does not require that a court find an inmate dangerous prior to ordering the inmate civilly committed for treatment and authorizing the involuntary medication of the inmate. A definitive answer to this question from the Wisconsin Supreme Court, along with a clear statement as to the appropriate level of constitutional scrutiny to apply in such a case, would be of great value to the bench, the bar, the legislature, and the citizenry. Thus, we certify this appeal to the Wisconsin Supreme Court pursuant to Wis. Stat. Rule 809.61.

Sheboygan County v. Terry L.M., 2014AP2010, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket

The court of appeals here rejects the County’s contention that it need not prove incompetency at a Chapter 55 commitment continuation hearing, but upholds the order for continued protective placement because Terry waived any errors in the jury instructions and special verdict and because the real controversy was tried.

County of Winnebago v. Joshua R. Hunter, 2014AP2628, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket and briefs

Hunter sought suppression of evidence supporting his conviction for OWI, and with a prohibited alcohol concentration, because law enforcement detained him for an unlawful length of time. His motion failed based on the court of appeals’ reading of the not-so-clear testimony at the suppression hearing.

State v. Kendra E. Manlick, 2014AP2138-CR, 2014AP2626-CR, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket and briefs

Manlick was charged with possession of a controlled substance and bail-jumping after an officer, who knew of her drug record, stopped the car she was driving based on an outstanding warrant for the car’s owner, observed unsterile hypodermic needles in it, and then conducted a search yielding additional incriminating evidence.  Manlick’s suppression and ineffective assistance of counsel claims failed on appeal.

State v. Zoltan M. Peter, 2014AP1589-CR, 1/1/15, District 2 (1-judge opinion; ineligible for publication); click here for briefs and docket

Peter was found guilty of operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood. He moved to suppress the marijuana that the police seized from his car, arguably in violation of the plainharm view doctrine and lost. The court of appeals found the argument baffling.

State v. Clifton Robinson, 2014AP1575-CR, 3/31/15, District 1 (not recommended for publication); click here for briefs and docket

The court of appeals here rejects a barrage of challenges to Robinson’s conviction for criminal damage to property and armed robbery with use of force–everything from a Batson challenge, to severance issues, to the sufficiency of evidence, to the admission of prejudicial evidence and more.

County of Eau Claire v. Scott S. Mahler, 2014AP1696-FT, 3/31/15, District 3 (1-judge opinion; ineligible for publication) click here for docket and briefs

Mahler, who was arrested for OWI, refused to consent to a chemical test of his blood. The court of appeals found his refusal unreasonable even though the arresting officer failed to have Mahler sign the “Informing the Accused” form and Mahler testified that he did not understand the information on it.

Rock County v. J.N.B., 2014AP774, District 4, 3/26/16 (one-judge decision; ineligible for publication); case activity

Having rejected the no merit report filed by J.N.B.’s appellate counsel and ordered counsel to brief the issue of the sufficiency of the evidence, the court of appeals declares “the County presented ample evidence demonstrating that J.N.B. is dangerous because he evidences such ‘impaired judgment, manifested by evidence of a pattern of recent acts or omissions, that there is a substantial probability of physical impairment or injury to himself,’” § 51.20(1)(a)2.c.