On Point: 46. WI Court of Appeals

Kenosha County v. Vermetrias W., 2014AP861-FT, District 2, 7/16/14 (one-judge decision; ineligible for publication); case activity

Vermetrias had been the subject of a Chapter 51 commitment order, which Kenosha County sought to extend. Section 51.20(1)(a)2 provides than an individual is the proper subject for commitment if he or she poses a danger to himself or herself or to others.  Vermetrias presented evidence that there was not a “substantial likelihood” she would become dangerous if her commitment ended.  The trial court ruled against her.  The court of appeals affirmed, but complimented those involved in this matter:

State v. Penny S. Rosendahl, 2014AP349-CR, District 2 (1-judge opinion, inelgible for publication); case activity

¶8        When the evidence includes disputed testimony from the arresting officer and a video showing events leading up to the arrest, the circuit court’s findings of fact are subject to review under the clearly erroneous standard.  State v. Walli, 2011 WI App 86, ¶14, 334 Wis. 2d 402, 799 N.W.2d 898.  Here, the deputy’s testimony was that Rosendahl’s vehicle weaved within its lane and crossed the center line.  The circuit court found that the video showed that Rosendahl’s vehicle touched the center line on three occasions.  We have reviewed the record and conclude that the circuit court’s finding was not clearly erroneous.

State v. Hatem M. Shata, 2013AP1437-CR, District 1, 7/15/14 (not recommended for publication), petition for review granted, 12/18/14, reversed, 2015 WI 74; case activity

Trial counsel was ineffective for failing to inform Shata, an Egyptian foreign national, that pleading guilty to possession of more than 1,000 but less than 2,500 grams of THC with intent to deliver would result in his deportation.

Dane County DHS v. Mable K., 2014AP398 & 2014AP399, District 4, 7/10/14 (1-judge; ineligible for publication); case activity: 2014AP398; 2014AP399

Mable K. is not entitled to a new grounds trial based on two alleged evidentiary errors—the admission of evidence about her lack of contact with her children after the period of alleged abandonment, and the admission of evidence of specific instances of her prior untruthful conduct—because there was overwhelming evidence supporting the jury’s verdict.

City of Antigo v. M.K., 2013AP2627, District 3, 7/8/14 (1-judge; ineligible for publication); case activity

The circuit court held there was reasonable suspicion to stop the vehicle M.K. was driving because the court found the officer knew the vehicle’s registration was expired before he made the stop. The court’s finding of fact was not clearly erroneous, even though the officer’s testimony was equivocal as to whether he learned that fact as part of the original dispatch or after he spotted the vehicle and called in the license plate.

State v. Rickey V., 2014AP334, District 1, 7/8/14 (1-judge; ineligible for publication); case activity

Father’s failure to appear at two scheduled evidentiary hearings on whether there were grounds for termination of parental rights was sufficiently “egregious” to justify a default judgment against him under Dane County DHS v. Mable K., 2013 WI 28, ¶70, 346 Wis. 2d 396, 828 N.W.2d 198 (circuit court may find a parent in default if the parent’s unintentional failure to follow court orders is “‘so extreme, substantial and persistent’ that the conduct may be considered egregious”).

State v. Thomas G. Smith, 2013AP2516-CR, District 4, 7/3/14 (1-judge; ineligible for publication); case activity

The profane comments Smith posted on a police department’s Facebook page are not “fighting words” because that category of unprotected speech only covers statements made in the context of a face-to-face communication.

State v. Andre Durand Reggs, 2013AP2367-CR, District 4, 7/3/14 (1-judge; ineligible for publication); case activity

Applying State v. Ernst, 2005 WI 107, 283 Wis. 2d 300, 699 N.W.2d 92, the circuit court properly concluded that Reggs failed to make a prima facie showing that he did not knowingly, intelligently, and voluntarily waive the right to counsel for an earlier OWI conviction.

Marquette County v. Thomas J. Wagenaar, 2013AP2454, District 4, 7/3/14 (1-judge; ineligible for publication); case activity

A long delay in filing the notice of intent to revoke after Wagenaar refused a chemical test under § 343.305 didn’t deprive the circuit court of jurisdiction. In addition, police had probable cause to believe Wagenaar was operating a motor vehicle while under the influence of an intoxicant.

State v. Connie P., 2013AP2854, District 1, July 1, 2014 (1-judge; ineligible for publication); case activity

Connie’s no-contest plea at the grounds phase of her TPR proceeding was knowing and voluntary despite her post-termination assertion that she was unduly influenced by the trial court’s comments before the scheduled trial and by the decision of her child’s father, Ray, to stipulate to grounds for termination.