On Point blog, page 206 of 485
Waiver of juvenile to adult court upheld
State v. Juwon B., 2014AP2504, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity
The circuit court properly exercised its discretion in waiving Juwon to adult court despite the fact Juwon lacked any prior record and was a “good kid who made a mistake.”
County met burden to prove need for involuntary treatment order for prisoner
Winnebago County v. Martin W., 2014AP1351, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity
In this case involving a ch. 51 proceeding involving a state prison inmate, the County met its burden under § 51.20(1)(ar) to prove by clear and convincing evidence that (1) appropriate less restrictive forms of treatment have been attempted unsuccessfully and (2) Martin was fully informed about his treatment needs.
Police had probable cause to administer PBT
City of Sheboygan v. Nathan J. Becker, 2014AP1991, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity (including briefs)
After police stopped Becker because of erratic driving at 11:30 p.m. on July 4 they observed additional evidence of impairment—glassy eyes, slurred speech, odor of alcohol. Becker admitted he’d been drinking and turned in a mixed performance on the FSTs. Under the totality of the circumstances, the officer had probable cause to ask Becker for a preliminary breath test under § 343.303 and County of Jefferson v.
Parent’s request to revisit TPR order wasn’t supported by new evidence
State v. Tamara B., 2014AP1714, District 1, 2/10/15 (1-judge decision; ineligible for publication); case activity
Tamara requested a new dispositional hearing in the case that terminated her parental rights to her daughter Tamijah, saying there was new evidence that affected the advisability of the termination order. The circuit court properly determined that the evidence she presented wasn’t new.
Sentencing court didn’t rely on inaccurate information
State v. Travis Deon Williams, 2014AP2064-CR, 2014AP2065-CR, 2014AP2066-CR, and 2014AP2067-CR, District 1, 2/10/15 (1-judge decision; ineligible for publication); case activity (including briefs)
The prosecutor presented inaccurate information at Williams’s sentencing, but Williams hasn’t proven the circuit court relied on the information.
Court of appeals reinstates charges against capitol protester
State v. William M. Gruber, 2014AP1069, 2/5/15, District 4 (1-judge opinion; ineligible for publication); click here for docket and briefs
The court of appeals bills this as “a State Capitol protester case with a twist.” The “twist” is that Gruber was cited for disorderly conduct under one administrative rule whereas other protesters were cited for lacking a permit under another rule. So when the circuit court dismissed the charges in this case based on the reasoning used in the “no permit” cases, it erred.
Circuit court lacked subjected matter jurisdiction to hear OWI, first offense
City of Stevens Point v. Jared T. Lowery, 2014AP742, 2/5/15; District 4 (1-judge opinion; ineligible for publication); click here for docket and briefs
It seems the City didn’t know of Lowery’s two prior OWI convictions when it charged him with, and obtained a conviction for, OWI first under a city ordinance. Only the State (not a city) may prosecute someone for OWI, third offense. So the circuit court lacked subject matter jurisdiction to try and convict Lowery for OWI first.
Deja vu: McNeely-based challenge to blood draw falls to good-faith exception
State v . Randall L. Shepherd, 2014AP962, 2/5/15, District 4 (1-judge opinion; ineligible for publication); click here for docket and briefs
A another day. Another challenge to a pre-McNeely warrantless blood draw bites the dust.
Request for driver’s ID was reasonable extension of stop
State v. Rachel L. Huck, 2014AP2190-CR, District 3, 2/3/15 (1-judge decision; ineligible for publication); case activity (including briefs)
Having stopped a vehicle on reasonable suspicion that the registered owner had a suspended license, the officer was entitled to continue the detention to ask the driver—who clearly wasn’t the registered owner—for his driver’s license.
Statute of limitations barred re-prosecution of OWI that was improperly charged as a first offense
State v. Benjamin J. Strohman, 2014AP1265-CR, District 3, 2/3/15 (1-judge decision; ineligible for prosecution); case activity (including briefs)
Rejecting the state’s arguments that the statute of limitation had been tolled, the court of appeals holds the state could not re-charge Strohman for an OWI offense that was improperly treated as a first offense because the time limit for charging the offense had expired.