On Point: 46. WI Court of Appeals

State v. Ronald Terry, 2013AP1940-CR, District 2, 1/29/14; court of appeals decision (1-judge; ineligible for publication); case activity

Terry was arrested and detained on a probation hold. (¶¶2, 5). About ten days later he was charged with obstructing and, on the same day, appeared in court for a probable cause and bail hearing. (¶3). He argues the obstructing conviction should be vacated because he wasn’t given a prompt determination of probable cause after being taken into custody as required by County of Riverside v.

Waukesha County v. Michael J.S., 2013AP1983-FT, District 2, 1/29/14; court of appeals decision (1-judge; ineligible for publication); case activity

Michael has been on a court-ordered commitment for thirty-five years, except for a two-year period that ended in 1996, when Michael was committed under § 51.20 after an incident in which he rode his bicycle erratically on a highway and had a confrontation with police. Since 1996, Michael’s commitment order has been extended numerous times,

Eau Claire County v. Mary S., 2013AP2098, District 3, 1/28/14 (1-judge opinion ineligible for publication); case activity

Mary S. was placed under a Chapter 51 mental health commitment and involuntary medication order in 2011, and those orders were extended once. But when the County sought to extend the orders again, Mary objected and argued that the County, which bore the burden of proof, failed to establish that Mary was incompetent to refuse medication,

State v. Gary Monroe Scull, 2014 WI App 17, petition for review granted, 5/22/14, affirmed, 2015 WI 22; case activity

Police violated Scull’s Fourth Amendment rights under Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409, 1417-18 (2013), when they brought a drug-sniffing dog to the front door of his residence without a warrant or probable cause.

State v. Danny Robert Alexander, 2013AP843-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication), petition for review granted 6/12/14, reversed, 2015 WI 6; case activity

Alexander was on probation when he was charged with forgery. He pled to the forgery and a PSI was prepared. (¶2). Attached to the PSI were statements the defendant made to his probation agent about two other forgeries.

State v. Quincy Lashawn Baker, 2013AP242-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity

Baker was given a resentencing hearing based on inaccurate information about the maximum periods of confinement and supervision for the crime of conviction (felony murder). (¶¶4-5). At the resentencing hearing before a different judge, the state argued Baker’s profane outburst at the conclusion of his original sentencing hearing showed a lack of remorse.

State v. Dartanian Lemont Lewis, 2013AP454-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity

Lewis was a passenger in a car stopped for safety belt violations. During the stop he was frisked, leading to the discovery of cocaine. He argued the frisk was improper because § 347.48(2m)(gm) prohibits police from taking an individual into physical custody solely for failing to wear a safety belt.

County of Milwaukee v. Shear Winston, 2013AP479, District 1, 1/28/14; court of appeals decision (1-judge; ineligible for publication); case activity

Winston can’t get court costs against the county after his speeding citations were dismissed (¶¶2-5):

¶11      Wisconsin Stat. § 345.53 states: “[i]n traffic regulation actions in all courts, costs may not be taxed against the plaintiff.” The language of the statute is clear:  costs simply are not taxed against plaintiffs in traffic forfeitures.

State v. Peter T. Heine, 2014 WI App 32; case activity

Heine was charged with reckless homicide for supplying heroin to a young man who died after using the drug. (¶1). Tranchida, the pathologist who conducted the autopsy, concluded the victim died of a heroin overdose based both on his findings during the autopsy and on a toxicology report, which was prepared by an outside lab.

State v. James Howard, 2013AP190-CR; 1/22/14; District 1; (not recommended for publication); case activity

Howard, a former correctional officer, was convicted of 2nd and 3rd degree sexual assault of an inmate at the Milwaukee County Criminal Justice Facility.  On appeal he argued that his trial counsel was ineffective for failing to: (1) move to suppress buccal swab evidence obtained without a warrant, (2) move to suppress penile swab evidence because the warrant for it was not supported by an affidavit,