On Point blog, page 210 of 485
Police had reasonable suspicion to detain and probable cause to administer PBT
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.
Defendant must prove by clear and convincing evidence that amnesia affected his ability to mount a defense
State v. Geoffrey A. Herling, 2014AP565-CR, District 4, 12/18/14 (not recommended for publication); case activity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.
Judge—not clerk—makes sentence credit determination
State v. Tahj E. Kitt, 2015 WI App 9; case activity
“When a convicted offender has put sentence credit at issue, the court—not the clerk—must make and explain the decision on how much sentence credit is to be awarded.” (¶2).
Police had sufficient basis to conduct stop and frisk
State v. Terrell D. Cobbs, 2014AP501-CR, District 2, 12/17/14 (1-judge decision; ineligible for publication); case activity
Police had reasonable suspicion to stop Cobbs and two companions and to conduct the pat-down search of Cobbs during which police discovered, opened, and searched Cobbs’ cigarette box, which contained marijuana.
Sentencing court didn’t err in its interpretation or application of COMPAS report
State v. Jordan John Samsa, 2015 WI App 6; case activity
The circuit court did not erroneously exercise its discretion in using the criminogenic needs section of the COMPAS assessment report, which identifies areas in which the offender needs correctional or community intervention, as an indicator of Samsa’s danger to the community.
JIPS order was supported by sufficient evidence and doesn’t violate parents’ religious rights
State v. Ester M. and Alexander M., 2014AP1621, District 1, 12/16/14 (1-judge decision; ineligible for publication); case activity
The circuit court’s order finding Soreh M. to be a juvenile in need of protection or services evidence is supported by sufficient and doesn’t impinge on the right to religious freedom of her parents, Ester M. and Alexander M. In addition, the circuit court had the statutory authority to order conditions for the parents to complete before the court would consider placing Soreh M. in their home again.
Defendant didn’t show his mental illness rendered his guilty plea invalid
State v. Douglas E. Hanson, 2014AP623-CR, District 4, 12/11/14 (1-judge decision; ineligible for publication); case activity
Hanson failed to present sufficient credible evidence that he did not understand the consequences of pleading guilty to second offense OWI.
Pat-down search was lawful because police had probable cause to arrest
State v. Steven L. Kaulfuerst, 2014AP1428-CR, District 2, 12/10/14 (1-judge decision; ineligible for publication); case activity
The pat-down search of Kaulfuerst was lawful because police had probable cause to arrest him for disorderly conduct, even though police had not arrested him for that offense.
Tip that driver was drunk and had his children in the car supported community caretaker stop
State v. David C. Marker, 2014AP1122-CR, District 2, 12/10/14 (1-judge decision; ineligible for publication); case activity
The stop of the vehicle Marker was driving was justified under the community caretaker exception because, based on a call from Marker’s ex-wife, police had reason to believe Marker was driving while intoxicated with his children in the vehicle.
Lower burden of proof at ch. 980 discharge trial doesn’t violate due process
State v. Thornon F. Talley, 2015 WI App 4; case activity
A person committed as a sexually violent person under ch. 980 does not have a due process right to have the state prove at a discharge hearing that he is still a sexually violent person, so the clear and convincing evidence standard under § 980.09(3) is not facially unconstitutional.