On Point: 46. WI Court of Appeals

State v. Deshun Latrell Bannister, 2013AP2679-CR, District 1, 9/3/14 (not recommended for publication); case activity

A claim that trial counsel was ineffective for failing to file a timely alibi notice founders on the lack of prejudice, as there’s nothing in the record showing what the alibi witness would have said had she been allowed to testify.

State v. Eugene P., 2014AP361, 2014AP362 & 2014AP363, District 1, 9/3/14 (1-judge; ineligible for publication); case activity: 2014AP361; 2014AP362; 2014AP363

Allowing a doctor to testify at a CHIPS trial that the children’s injuries were the result of abuse was harmless because there was overwhelming evidence to support the jury’s verdict.

Milwaukee County v. Rebecca G., 2014AP359, District 1, 9/3/14 (1-judge; ineligible for publication); case activity

Rebecca’s appeal of her ch. 51 commitment is dismissed as moot because the six-month commitment order expired while the appeal was pending and the County didn’t seek an extension.

State v. Thomas W. Koeppen, 2014 WI App 94; case activity

A “motor bicycle” is a bicycle with a motor added, and can be either pedaled or self-propelled using the motor, § 340.01(30). Whether a person can be charged under the OWI/PAC statute based on his operation of a motor bicycle depends on whether a motor bicycle is a “motor vehicle” under § 340.01(35). The court of appeals concludes that a plain-language reading of the relevant statutes shows a motor bicycle is a motor vehicle, “at least when the motor bicycle being operated is self-propelled, rather than pedaled.” (¶1).

State v. Victor J. Godard, 2014AP396-CR, District 4, 8/28/14 (1-judge; ineligible for publication); case activity

The arresting officer provided Godard with accurate information about the implied consent law and thus did not cause Godard to refuse to submit to the implied consent blood test or deny him his right to a second test.

State v. Britton D. McKenzie, 2014AP314-CR, District 4, 8/28/14 (1-judge; ineligible for publication); case activity

Consecutive jail sentences totaling 24 months were not unduly harsh and excessive.

State v. Todd J. Giese, 2014 WI App 92; case activity

Expert testimony regarding retrograde extrapolation of Giese’s blood alcohol concentration is admissible under new version of § 907.02(1) despite the fact some experts doubt its reliability because it was the product of reliable principles and methods and based upon sufficient facts and data.

Ozaukee County v. Mark T.J., 2014AP479, District 2, 8/27/14 (1-judge; ineligible for publication); case activity

The failure to hold an initial hearing within 72 hours of Mark’s arrival at the hospital where he was detained deprived the circuit court of competency to order an initial commitment order under ch. 51. But his appeal from that initial commitment order is moot because he stipulated to recommitment and vacating the initial commitment would have no practical effect.

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.

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.