On Point blog, page 236 of 485
Trial court didn’t err in allowing deliberating jury to review the state pathologist’s report, but not the report of the defendant’s pathologist
State v. Chase M.A. Boruch, 2013AP925-CR, District 3, 1/22/14; court of appeals decision (not recommended for publication); case activity
While deliberating on the charge that Boruch killed his mother, the jury asked the judge for the “autopsy report.” (¶¶4, 8). The parties agreed to send back the preliminary and final reports done by Corliss, the state’s pathologist, along with a toxicology report; however, the judge refused Borcuch’s request to send the jury the report of Randall,
Parents in TPR proceeding not prejudiced by GAL’s connections to judge and prior representation of child at CHIPS hearing
Manitowoc County Human Services Dep’t v. Rebecca H, 2013AP421/422; 1/22/14; District 2 (not recommended for publication); case activity
This is an appeal from an order terminating a couple’s parental rights to their daughter. They claimed their trial lawyer provided ineffective of assistance of counsel by failing to object to the admission of various types of evidence. The court of appeals quickly disposed of those errors through repeated findings that counsel’s performance was not deficient–which is one of the two requirements for ineffective assistance of counsel per A.S.
Court of appeals bungles denial of motion for reconsideration of decision on petition for writ coram nobis
Sawyer County v. Maurice J. Corbin, 2013AP650; 1/22/14; District 3 (one-judge opinion ineligible for publication); case activity
This is an odd little case with some interesting potential. In 2004, Corbine was arrested for OWI and refused to submit to a chemical blood test under implied consent law. Supposedly Corbine received a “notice of intent to revoke operating privilege” but failed to request a refusal hearing, so the court entered default judgment revoking his license.
Police had reasonable suspicion for traffic stop despite some discrepancies between description in dispatch and car actually stopped
State v. Chad Allen Nelson, 2013Ap1926-CR, District 3, 1/22/14; court of appeals decision (1-judge; ineligible for publication); case activity
Scene: The parking lot of Frosty’s Outpost, on County Road H in rural Bayfield County, 2:00 a.m. Police get a dispatch: Someone’s damaging a patron’s vehicle in the parking lot. Before an officer can respond dispatch sends an update: The suspects are bear hunters, and they left in a blue Dodge pickup with a hound box heading toward the bear camp west of Ino on Highway 2.
Lack of probable cause to administer first PBT didn’t taint subsequent field sobriety tests and second PBT
State v. Derek S. Strasen, 2013AP1523-CR, District 2, 1/22/14; court of appeals decision (1-judge; ineligible for publication); case activity
There was no probable cause to administer an initial PBT to Strasen, who was stopped for speeding, even though he emitted a faint smell of intoxicants, had bloodshot and “glossy” eyes, and said he had been drinking but had his consumed his last drink over 12 hours earlier. (¶¶2, 4).
Failure to record portion of juvenile’s confession doesn’t require suppression
State v. Raheem Moore, 2014 WI App 19, petition for review granted, 5/22/14, affirmed, 2015 WI 54; case activity
Moore, a 15-year-old charged with homicide, made incriminating statements to police 11 hours after he was arrested. His most incriminating statement–that he was the shooter and not merely an accomplice–came during a portion of the interrogation that was not recorded as required by § 938.195,
Counsel wasn’t ineffective for failing to object to taking of partial verdict
State v. Michael T. Grant, 2013AP515-CR, District 2, 1/15/14; court of appeals decision (not recommended for publication); case activity
Grant was on trial for two counts of sexual assault involving two different victims. (¶¶1, 4-6). During deliberations the jury advised the court it had reached a verdict on one count but could not agree on the other. (¶8). In response the judge suggested taking the verdict the jury reached on the one count,
Termination of rights of cognitively disabled parent didn’t violate due process
State v. Lawanda R., 2013AP1661, District 1/4, 1/16/14; court of appeals decision (1-judge; ineligible for publication); case activity
The circuit court properly found that a parent with serious cognitive disabilities (she “functions at the level of a child less than ten years old” (¶8)) was unfit under § 48.415(2) on the sole basis that she failed to meet the conditions established by a continuing CHIPS order for the return of Will,
Sexual assault, human trafficking, and pandering charges regarding two different victims were properly joined
State v. Jermaine L. Rogers, 2013AP992-CR & 2013AP993-CR, District 1, 1/14/14; court of appeals decision (not recommended for publication); case activity: 2013AP992-CR; 2013AP993-CR
The trial court properly exercised its discretion in granting joinder under § 971.12(1) of two cases involving human trafficking, sexual assault, attempted pandering, and child enticement charges against two different victims, P.R. and K.D. Relying primarily on State v.
Any error in court’s order precluding defendant from testifying was harmless, and prosecutor did not violate Batson by striking juror based on religion
State v. Eddie Lee Anthony, 2013AP467-CR, District 1, 1/14/14; court of appeals decision (not recommended for publication), petition for review granted 8/5/14, affirmed, 2015 WI 20; case activity
Right to Testify
The trial court held that Anthony, charged with first degree intentional homicide, forfeited his right to testify based on Anthony’s “incessant” refusal to accept the trial court’s ruling that he was to answer “two” if asked about the number of his prior convictions and Anthony’s physical agitation and irrelevant rants.