On Point blog, page 243 of 485
State’s handling of photo array evidence did not violate due process or discovery statute
State v. Raynard Rashawn Jackson, 2012AP1854, 2012AP1861, and 2012AP1862, District 1, 10/15/13; court of appeals decision (not recommended for publication); case activity: 2012AP1854; 2012AP1861; 2012AP1862
Jackson was alleged to have been involved in a shooting, and as part of their investigation the police constructed a photo array to show to three eyewitnesses, all of whom identified Jackson. (¶¶2, 10-11). The array consisted of photos of Jackson and five other persons.
Defendant was competent to proceed despite “clouded judgment” that affected his ability to decide whether to accept plea agreement
State v. Maurice C. Hall, 2013AP209-CR, District 1, 10/15/13; court of appeals decision (not recommended for publication); case activity
A competency evaluation found Hall competent to proceed, though his mental health history caused Deborah Collins, the examiner, to “urge court officers to remain sensitive in the event of any significant changes in his overall mental status as such a factor may signal decline in his competency and warrant his reexamination.”
OWI — probable cause to arrest despite lack of field sobriety tests
State v. Lewis Allen Stokes, 2012AP2621-CR, District 1, 10/15/13; court of appeals opinion (1-judge; ineligible for publication); case activity
Probable cause to arrest for OWI was established based on: police observations of Stokes speeding and weaving in and out of traffic without signaling at 11:00 p.m.; Stokes’s slurred speech and the strong odor of alcohol on his breath; and Stokes’s argumentative and combative attitude toward the police. (¶¶4-5, 10).
Traffic stops — reasonable basis to prolong traffic stop to conduct field sobriety tests
State v. Richard H. Hogenson, 2013AP389-CR, District 3, 10/15/13; court of appeals decision (1-judge; ineligible for publication); case activity
Though it is “a very close case” (¶14), the court of appeals holds an officer had reasonable suspicion to extend a traffic stop based on a burned-out headlamp and conduct field sobriety tests:
¶15 In this case, at the moment [Officer] Jenatscheck requested that Hogenson participate in field sobriety tests,
Court properly exercised discretion in denying stay of juvenile sex offender registration
State v. Albert A., 2013AP549, District 3, 10/15/13; court of appeals decision (1-judge; ineligible for publication); case activity
Albert sought to stay juvenile sex offender registration under State v. Cesar G., 2004 WI 61, ¶40, 272 Wis. 2d 22, 682 N.W.2d 1, but the circuit court denied the request. The court discounted a psychosexual evaluator’s opinion that Albert was low risk to reoffend because the judge believed the evaluator’s opinion reflected an actuarial assessment of group,
Circuit court properly exercised discretion in denying “new factor” time cut request
State v. David J. Lawrence, 2013AP796, District 4, 10/10/13; court of appeals decision (1-judge, ineligible for publication); case activity
The circuit court knew of Lawrence’s mental health diagnoses at sentencing, but after sentencing Lawrence was hospitalized after a psychological breakdown. (¶¶3-4). He requested sentence modification, arguing the court was not aware of all his diagnoses or his medication regimen. (¶5). Assuming that information was a “new factor,” the circuit court gave a reasoned explanation for why it declined to modify the sentence,
Warrantless entry into home to arrest for OWI was not justified by exigent circumstances
State v. Jeffrey G. Vanden Huevel, 2013AP1107-CR, District 3, 10/8/13; court of appeals decision (1-judge; ineligible for publication); case activity
After rolling his car over early one morning Vanden Huevel left the scene of the accident and went back to his cabin. (¶¶1-7). A sheriff’s deputy named Kelley located the cabin and started knocking on a sliding patio door. (¶¶8-9). Kelley could see someone inside and told the person to open the door,
State v. Charles Edward Hennings, 2012AP2229-CR, District 1/4, 10/3/13
Court of Appeals certification; case activity
When deciding a defendant’s motion for postconviction DNA testing under Wis. Stat. § 974.07, must the circuit court presume that the DNA testing results will be exculpatory and then assess whether such presumed exculpatory results would lead to a reasonable probability that he would not have been prosecuted or convicted?
The issue here turns on the meaning of § 974.07(7)(a)2.
Court properly exercised discretion in ordering waiver of juvenile into adult court
State v. Taylor M.S., 2013AP1337, District 2, 10/2/13; court of appeals decision (1-judge; not eligible for publication); case activity
The juvenile court properly exercised its discretion in deciding to waive jurisdiction over Taylor’s charges, rejecting Taylor’s contention that the court failed to consider all of the factors in § 938.18(5), in particular the availability of treatment and services as required by § 938.18(5)(c):
¶6 We agree with the State that the circuit court sufficiently addressed the adequacy and availability of services.
Parent in TPR not entitled to instruction about incarceration making it impossible to comply with conditions for return of her child because she had ample time before incarceration to comply
Ozaukee County DHS v. Callen D.M., 2013AP1157, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity
Callen D.M. was not entitled to an instruction about the impossibility of meeting the conditions of a CHIPS order due to her incarceration, a TPR defense recognized in Kenosha Cty. DHS v. Jodie W., 2006 WI 93, 293 Wis. 2d 530, 716 N.W.2d 845:
¶13 The facts in Callen’s case stand in stark contrast to those in Jodie W.