On Point blog, page 24 of 484
COA finds probable cause for arrest; reverses suppression in OWI case
State v. Laquanda N. Strawder, 2022AP2112, 1/17/24, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court held that police lacked probable cause to arrest Strawder for OWI and suppressed the resulting evidence, including her breath test results. The state appealed, claiming the circuit court’s factual findings and analysis were so lacking the court of appeals should review the factual record ab initio. The court of appeals thinks the trial court did the proper analysis and made sufficient factual findings, but disagrees with its legal conclusion. In the facts as found by the trial court, the court of appeals sees probable cause to arrest, and thus reverses and remands for the prosecution to continue.
COA holds reasonable suspicion supported Act 79 search that may have led to burglary arrest
State v. Wayne L. Timm, 2023AP351, 1/19/24, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
The police thought Timm might be responsible for a string of burglaries in the area, and so were looking out for his vehicle. When an officer spotted it one night, he pulled it over for going 31 in a 25. Shining his flashlight into the car, the officer saw the flat end of a tire iron such as could be used to pry things open; the iron was partly covered by a pair of jeans. He searched the vehicle and discovered more potentially “burglarious” tools. Based in part on this evidence, the police secured a GPS warrant for Timm’s car. The GPS tracking led to the discovery of evidence connecting him to specific burglaries. He moved to suppress the search of his car; when that was denied, he entered a plea.
COA rejects novel plea withdrawal claim in TPR; finds evidence sufficient dad didn’t comply with CHIPS conditions
State v. D.K., 2023AP292-293, 1/3/24, District I (one-judge decision; ineligible for publication); case activity
Despite a novel challenge as to the integrity of his plea, COA rejects “Daniel’s” arguments and affirms in this TPR appeal.
COA rejects important competency challenge in protective placement appeal as a result of litigant’s failure to object below
Douglas County v. M.L, 2022AP141, 12/28/23, District III (one-judge decision; ineligible for publication); case activity
Faced with a challenge to the circuit court’s competency in this protective placement appeal, COA holds that the appellant has forfeited his challenge and therefore affirms.
COA rejects challenges to CHIPS permanency orders due to pro se litigants failure to adequately litigate appeal
Manitowoc County HSD v. K.R., 2022AP1975-78, 12/27/23, District II (one-judge decision; ineligible for publication); case activity
Presented with a confusing pro se attack on permanency orders entered in these underlying CHIPS cases, COA affirms largely because it cannot ascertain the nature of the appellant’s challenge.
November and December 2023 Publication Orders
The court of appeals issued the final two publication orders of the year on November 29, 2023, and December 21, 2023. Two criminal law related decision are included in the orders:
State v. John J. Drachenberg, 2023 WI App 61 (holding that the “execution” of a search warrant does not include forensic analysis that can occur weeks or months later)
COA rejects constitutional challenge to legislature’s inclusion of non-impairing metabolite as restricted controlled substance
State v. Dustin J. VanderGalien, 2023AP890-CR, 12/29/23, District 4 (recommended for publication); case activity
VanderGalien pled no contest to three counts stemming from a fatal motor vehicle crash after a non-impairing cocaine metabolite (benzoylecgonine or “BE”) was detected in his blood hours after the incident. The court of appeals rejects his facial challenge to the statute, Wis. Stat. § 340.01(50m)(c), which includes BE as a restricted controlled substance under the motor vehicle code. The court of appeals explains that “the inclusion of cocaine or any of its metabolites in the definition of a restricted controlled substance for purposes of prosecution under the Wisconsin motor vehicle code bears a rational relationship to the purpose or objective of the statutory scheme,” which is to combat drugged driving. Op., ¶30.
COA reverses order suppressing evidence obtained after traffic stop
State v. Lauren Dannielle Peterson, 2023AP890-CR, 12/29/23, District 4 (one-judge case, ineligible for publication); case activity
Peterson’s circuit court win is short-lived after the court of appeals concludes that reasonable suspicion existed to initiate an OWI investigation and probable cause existed to ask Peterson to perform a preliminary breath test (PBT).
COA rejects pro se defendant’s open records violation new trial claim
State v. James T. Kettner, 2023AP160, 161, 162, 11/28/23, District 4 (one-judge case, ineligible for publication); case activity
Kettner, pro se, appealed from three traffic forfeiture judgments and claimed that an open records violation prevented him from presenting video evidence that would have proved [his] innocence. The court of appeals rejects his claim and affirms the judgments.
COA holds that foster mother’s age need not be considered at TPR disposition
State v. S.H., 2023AP1786, 12/19/23, District I (one-judge decision; ineligible for publication); case activity
S.H. raises a very specific challenge to the order terminating her parental rights to her son, H.C.: that the circuit court failed to consider the age of H.C.’s foster mother with regard to the best interests of the child at disposition. The court of appeals rejects the challenge, and S.H.’s reliance on several prospective adoption cases, because the focus in the TPR context is whether the child is adoptable and whether the TPR would provide stability and permanence to the child, not on “whether a proposed adoptive resource is going to be approved in later proceedings.” Op., ¶19.