On Point: 46. WI Court of Appeals

Racine County HSD v . Latasia D.M., 2014AP1672/1673, 12/23/14, District 2 (1-judge opinion, ineligible for publication); case activity

The stand out in this multi-issue TPR case is whether the circuit court erred in denying Latasia’s permission to withdraw her jury demand. The court of appeals answered “no” because even though § 48.31(2) and §48.422(4) set forth the procedures for demanding a jury in a TPR case, the general civil procedure statute, § 805.01(3), governs the withdrawal of a jury demand. The latter statute requires the consent of all the parties, which Latasia did not have.

State v. Timothy D. Russell, 2014AP451-CR, District 1, 12/23/14 (not recommended for publication); case activity

When sentencing Russell for a series of thefts committed while he was deputy chief of staff to the Milwaukee County Executive, the circuit court referred to the charge to which Russell pled as “misconduct in public office, … not a theft as I think has been reported.” (¶8). The court of appeals holds that the sentencing transcript, when read as a whole, makes it clear that the circuit court did not erroneously believe it was sentencing Russell for the offense of misconduct in public office, but merely intended to note that Russell committed the offense of theft by virtue of his public position as deputy chief of staff to the Milwaukee County Executive.

State v. John D. Harris, 2014AP1292-CR, District 1, 12/23/14 (1-judge decision; ineligible for publication); case activity

Harris isn’t entitled to a new trial based on alleged errors in the jury instruction for disorderly conduct, and the evidence is sufficient to support the guilty verdicts for that charge and a charge of battery.

State v. Joseph S. Cali, 2014AP493-CR, District 2, 12/23/14 (1-judge decision; ineligible for publication); case activity

Applying the recent decision in County of Grant v. Vogt, 2014 WI 76, 356 Wis. 2d 343, 850 N.W.2d 253, the court of appeals holds that Cali wasn’t seized when a police officer, thinking Cali might be lost, pulled his squad car near Cali without activating his lights, got out and approached Cali, and from “normal talking distance” asked Cali “what was going on, if I could help him with anything.” (¶¶2-3).

State v. Peter J. Long, 2014AP707-CR, District 2, 12/23/14 (1-judge decision; ineligible for publication); case activity

The police acted reasonably in stopping Long under an “attempt to locate” (ATL) that was based on information from identifiable persons as well as on Long’s own statements, and the officers’ manner in stopping him did not convert the stop into an arrest.

State v. Cody J. Nolan, 2014AP1359-CR, District 3/4, 12/23/14 (1-judge decision; ineligible for publication); case activity

The police did not have reasonable suspicion to believe the red car Nolan was driving had been involved in a reportable accident and was leaving the scene or was assisting others in leaving the scene of a reportable accident in violation of § 346.70(1) or (1m)(b), as there was no evidence supporting a reasonable belief the alleged accident involved sufficient property damage to make it reportable under the statute.

City of Chippewa Falls v. Douglas M. Buchli, 2014AP1422, District 3, 12/23/14 (1-judge decision; ineligible for publication); case activity

There was probable cause to arrest Buchli for OWI despite the fact the police investigation discovered inconsistent information—including an admission by Buchli’s companion, Mahoney, that she was driving.

City of Brookfield v. Cassandra L. Gissal, 2014AP1751-FT, District 2, 12/23/14 (1-judge decision; ineligible for publication); case activity

At trial Gissal challenged the admissibility of her statements to police because she wasn’t given Miranda warnings, but the trial court ruled she wasn’t in custody for Miranda purposes. On appeal she abandons this claim and argues instead that allowing the officer to testify to her statements violated her Fifth Amendment privilege and that she wouldn’t have testified at trial if the officer had been barred from relating her statements.

State v. Aaron J. Fuchs, 2014AP1041-CR, District 4, 12/18/14 (1-judge decision; ineligible for publication); case activity

In assessing reasonable suspicion to detain Fuchs, police properly considered an allegation that Fuchs had been acting in “a violent and intoxicated” manner at a wedding reception before his contact with police; and based on all the circumstances, police had sufficient basis to administer a PBT.

State v. Geoffrey A. Herling, 2014AP565-CR, District 4, 12/18/14 (not recommended for publication); case activity

The circuit court did not err by requiring Herling to prove by clear and convincing evidence that he had amnesia that prevented him from mounting an adequate defense.