On Point blog, page 218 of 484
Police had sufficient basis to request PBT
State v. Jeanmarie Carini, 2014AP526-CR, District 2, 8/27/14 (1-judge; ineligible for publication); case activity
There was reasonable cause to believe Carini was driving while impaired and therefore police properly asked her to submit to a preliminary breath test.
Minor may consent to recording of conversation under § 968.31’s one-party consent rule
State v. Price G. Turner, III, 2014 WI App 93; case activity
A minor does not as a matter of law lack the capacity to consent to police interception of the minor’s conversations with another person and therefore vicarious consent by a parent is not required.
Counsel wasn’t ineffective for failing to impeach witness with testimony from previous trial
State v. Robert Kentrell Gant, 2013AP1842-CR, District 1, 8/26/14 (not recommended for publication); case activity
Trial counsel’s failure to ask a witness at Gant’s second trial about her inconsistent testimony from Gant’s first trial wasn’t ineffective because the omission didn’t prejudice Gant. Further, the witness’s recantation of the testimony she gave at the second trial doesn’t satisfy the newly-discovered evidence test.
Counsel’s failure to object to expert testimony and hearsay during TPR trial wasn’t ineffective
State v. Johnnie J., 2014AP144 & 2014AP145, District 1, 8/21/14 (1-judge; ineligible for publication); case activity: 2014AP144; 2014AP145
Assuming trial counsel should have objected to certain expert opinion evidence and hearsay evidence about Johnnie’s behavior, the failure to do so didn’t prejudice Johnnie because of the overwhelming evidence supporting the jury’s verdicts on one of the two grounds for terminating her parental rights.
Defendant failed to make sufficient showing to get review of victim’s mental health records
State v. Andrew M. Obriecht, 2014AP445-CR, District 4, 8/14/14 (1-judge; ineligible for publication); case activity
Obriecht didn’t show the victim’s mental health records might contain relevant information necessary to his defense, so the circuit court properly denied his motion to conduct an in camera review of the records.
Child’s guardians can participate as a party in TPR proceeding
Green County DHS v. Barret W.S., 2014AP1155, District 4, 8/14/14 (1-judge; ineligible for publication); case activity
The circuit court didn’t err by allowing a child’s guardians to participate as a party in a proceeding to terminate the father’s rights to the child because, while ch. 48 does not expressly state that guardians are “parties” in a termination proceeding, pertinent statutes support allowing the guardians to participate as a party. In addition, the circuit court properly granted summary judgment against the father and didn’t err in making certain evidentiary rulings during the dispositional phase.
Police had probable cause to arrest, and exigent circumstances to conduct warrantless blood draw
State v. Kent W. Hubbard, 2014AP738-CR, District 2, 8/13/14 (1-judge; ineligible for publication); case activity
The totality of the circumstances established probable cause to arrest Hubbard for operating with a detectable level of restricted controlled substance. Further, the warrantless blood draw was justified under the exigent circumstances test articulated in State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), because there was evidence that Hubbard had used marijuana and alcohol, and evidence regarding the latter would be lost if the police took time to get a warrant.
Evidence sufficient to extend ch. 51 commitment and order involuntary medication and treatment
Ozaukee County v. Laura B., 2014AP1011-FT, District 2, 8/13/14 (1-judge; ineligible for publication); case activity
The evidence was sufficient to justify an extension of Laura B.’s commitment and an order for involuntary medication and treatment.
Community caretaker exception validated traffic stop
City of LaCrosse v. Corina Ducharme, 2014AP374, District 4, 8/7/14 (1-judge; ineligible for publication); case activity
The stop of Ducharme’s car was justified under the community caretaker doctrine because the officer had objectively reasonable grounds to be concerned about the safety of the driver, as the car was parked at a boat landing at 2:40 a.m. with its right blinker on, and a right turn would take the car toward the water.
Police had probable cause to arrest driver for OWI
State v. Robert J. Kowalis, 2014AP258, District 2, 8/6/14 (1-judge; ineligible for publication); case activity
The circuit court’s refusal finding under § 343.305(9) is upheld because the officer had probable cause to arrest Kowalis for operating while intoxicated.