On Point blog, page 238 of 488
Court of appeals reverses order for involunatry medication
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,
Good-faith exception to exclusionary rule saves search warrant based on unlawful search using drug dog
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.
Resentencing required because PSI included defendant’s compelled statements to probation agent
State v. Danny Robert Alexander, 2013AP843-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication), petition for review granted 6/12/14, reversed, 2015 WI 6; case activity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.
Resentencing judge was not vindictive, did not rely on inaccurate information, and did not impose excessive sentence
State v. Quincy Lashawn Baker, 2013AP242-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity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.
Traffic stop based on seat belt violation didn’t preclude frisk of passenger
State v. Dartanian Lemont Lewis, 2013AP454-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity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.
Defendant in traffic forfeiture case can’t seek costs against plaintiff
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.
Admission of toxicology report on which pathologist relied was harmless error
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.
No warrant, no affidavit, no worries. Failure to file suppression motion wasn’t ineffective assistance of counsel
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,
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.