On Point blog, page 216 of 484
Joinder of sexual assault claims and admission of evidence showing change in victim’s personality upheld
State v. John M. Lattimore, 2013AP911-CR, District 4, 9/11/14 (not recommended for publication); case activity
Lattimore was convicted of 2nd-degree sexual assault with use of force and false imprisonment against S.M. He appealed trial court decisions to: (1) join a count of 3rd-degree sexual assault against a different victim, M.H., to S.M.’s trial, (2) exclude the text of a Facebook message sent by S.M.’s brother to the defendant right after the assault, and (3) admit testimony about S.M.’s personality change after the assault. He had no luck with the court of appeals.
Failure to take testimony to support no-contest plea in TPR case didn’t entitle parent to plea withdrawal
Sheboygan County DHHS v. Phillip L., 2014AP780, District 2, 9/10/14 (1-judge; ineligible for publication); case activity
When Phillip entered his no-contest plea at the fact-finding stage of his termination of parental rights (TPR) proceeding, the circuit court didn’t take sworn testimony to support the TPR petition, as required by § 48.422(3). Because Phillip doesn’t allege the error resulted in any lack of understanding as to the plea he entered, he is not entitled to withdraw his plea.
Evidence in ch. 51 case sufficient to show dangerousness
Winnebago County v. William A.M., 2014AP977-FT, District 2, 9/10/14 (1-judge; ineligible for publication); case activity
The evidence at trial was sufficient to prove William was dangerous under § 51.20(1)(a)2.c., which requires a showing of “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 or herself.”
Police had reasonable suspicion to prolong stop and conduct protective sweep
State v. Elisa Estrada, 2013AP2803-CR, District 2, (not recommended for publication); case activity
Estrada did not challenge the legality of the law enforcement’s decision to stop her vehicle for a traffic violation. Her appeal focused on the decision to extend the stop longer than necessary to address a suspended registration in order to investigate a robbery that had occurred about 50 minutes earlier. She highlighted weaknesses in the facts cited to show reasonable suspicion, but the court of appeals found them plenty strong enough.
Court lost competency in ch. 51 case because probable cause hearing occurred beyond 72-hour time limit
Waukesha County v. Steven R.C., 2014AP1032-FT, District 2, 9/10/14 (1-judge; ineligible for publication); case activity
The failure to hold a probable cause hearing within 72 hours of Steven’s initial detention deprived the circuit court of competency to proceed, despite the County’s filing of a new petition within the 72-hour time period with new allegations.
Court lost competency to issue harassment injunction
Tiffany Hill v. D.C., 2014 WI App 99; case activity
Because the plain language of § 813.125(3)(c) allows only one extension of a temporary restraining order, the circuit court lost competency to proceed when it extended the TRO twice.
Officer reasonably assumed that the car’s owner was driving
State v. Travis Daniel Thom, 2014AP613-CR, District 3, 9/9/14 (1-judge; ineligible for publication); case activity
A police officer reasonably assumed a car was being driven by the owner where there was no additional information suggesting someone else was driving.
Police had probable cause to arrest for operating with a detectable amount of a controlled substance
State v. Alpesh D. Shah, 13AP2755, District 1, 9/9/14 (1-judge; ineligible for publication); case activity
Police officers’ observations of Shah and his driving supplied probable cause to arrest Shah for operating with a detectable amount of a restricted controlled substance in his or her blood.
Extended statute of limitation for theft runs from actual discovery, not from when theft should have been discovered
State v. Kim B. Simmelink, 2014 WI App 102; case activity
The court of appeals holds that § 939.74(2)(b)’s extended statute of limitation for certain theft charges runs from actual discovery of the theft, and not from when the theft should have been discovered with the exercise of reasonable diligence.
Tip from one student provided reasonable grounds for search of another student
State v. Chase A.T., 2014AP260, District 4, 9/4/14 (1-judge; ineligible for publication); case activity
A student’s tip to an assistant principal that a bathroom “smelled like marijuana smoke” and that a student named Chase walked out of the bathroom immediately before the tipster smelled the smoke provided reasonable grounds for the assistant principal to search Chase. In addition, the search of Chase was not excessive in scope. Thus, his motion to suppress was properly denied.