On Point: 46. WI Court of Appeals

State v. Scott J. Stelzer, 2013AP1555-CR, District 2, 12/27/13 (1-judge decision; ineligible for publication), case activity

After being convicted of his 3rd OWI offense, Stelzer moved to exclude his 2nd OWI (which occurred in 1996) from the calculation of his prior convictions on the grounds that he was not represented by counsel when he pled guilty to it.  Nor did he knowingly, intelligently and voluntarily waived his right to counsel at that time. 

State v. Anica C. C. Bausch, 2014 WI App 12; case activity

Bausch participated in a “Solidarity Sing Along” at the State Capitol in the fall of 2012.  The Capitol Police cited her for violating Wis. Admin. Code ADM sec. 2.14(2)(v). Bausch pled “not guilty” and served the State with requests for admissions, interrogatories, and production of documents.  The State responded with a “Motion in Opposition to Application of Civil Discovery.”

State v. Mary J. Kamuchey, 2013 AP1684-CR, District 4, 12/19/13 (1-judge opinion; ineligible for publication); case activity

Issue:  Whether an anonymous “citizen informant’s”  call from a McDonald’s drive-through at 2:00 a.m., describing an argumentative driver who smelled of alcohol and was believed to be drunk, provided reasonable suspicion for OWI stop even though the officer who made the stop did not observe signs of erratic driving or intoxication?

State v. Andrew K. Valiquette, 2013AP909-CR, District 4, 12/19/13; court of appeals decision (1-judge; ineligible for publication); case activity

Valiquette, convicted of resisting arrest, argues the police lacked lawful authority when they moved to pat him down for weapons, and asserts trial counsel’s failure to pursue that defense was based on a misunderstanding of the applicable law. The court of appeals disagrees, concluding instead that trial counsel’s testimony indicates she made a strategic decision to focus on the issue of whether Valiquette resisted instead of whether the police were acting with lawful authority.

State v. Malcolm A. Butler, 2014 WI App 4; case activity

The 120-day deadline for trying a case under the Intrastate Detainer Act, § 971.11(2), is explicitly “subject to” the speedy trial statute, § 971.10; thus, the Intrastate Detainer Act incorporates the provision of the speedy trial statute that allows for continuances for good cause, § 971.10(3)(a), and those continuances may go beyond the 120-day deadline.

State v. Cody Phillips, 2014 WI App 3; case activity

This case reached the court of appeals via a petition for leave to appeal a non-final order.

The State’s juvenile delinquency petition alleged that Phillips committed one count of 1st-dgree sexual assault of child by use or threat of force and a second count of 2nd-degree assault of a child.  At the State’s request, the juvenile court waived Phillips into adult court on both counts and ultimately pled no contest to two counts of 2nd-degree sexual assault of a child. 

State v. George A. Trinka, 2013AP539, District 2, 12/18/13; (not recommended for publication); case activity

A jury found Trinka guilty of 1st-dgree reckless homicide and 1st-degree recklessly endangering safety, both with use of a weapon.  The issue on appeal was whether the trial court erred in allowing the State to introduce into evidence a family photograph of the victim, his wife, and their children.  Trinka argued that the photo was irrelevant and prejudicial in that it improperly invoked the jury’s sympathy. 

State v. Daniel R. Folkman, 2013AP1363-CR, District 3, 12/17/13; court of appeals decision (1-judge; ineligible for publication); case activity

A deputy on patrol checked the license plate of an oncoming car. The check showed the car belonged to Folkman. The deputy then checked Folkman’s license status, which was expired, so the deputy stopped the car, ultimately resulting in Folkman’s arrest for OWI. (¶2). The court of appeals rejects Folkman’s claim the deputy needed some valid reason to initiate the registration and license checks.

State v. Tina M. Jacobsen, 2014 WI App 13; case activity

Jacobsen was charged with 8 offenses for stealing $500,000 from her employer, and she was convicted on 3 counts.  The charges were based on 289 individual thefts occurring over 3 years.  On appeal she claimed her trial lawyer was ineffective for failing advise her that, and for failing to seek dismissal because, the charges were duplicitous or multiplicitous.  

State v. Julian L. Perez, 2013AP750-CR, District 1, 12/10/13; court of appeals decision (not recommended for publication); case activity

Where the evidence at trial showed that the defendant possessed a firearm over a short span of time at two locations in the same apartment building, the jury did not need to be unanimous as to which location the possession occurred. Instead, unanimity was required only as to whether the defendant had possessed a firearm in the building in question on the date charged.