On Point blog, page 249 of 483
Judge’s invocations of religious deity were “ill-advised,” but do not show he imposed sentence based on religious considerations
State v. Robert J. Betters, 2013 WI App 85; case activity
When sentencing of Betters for child sexual assault, the judge stated that “every child is a gift from God,” and indicated Betters’s conduct toward the victims was “an abomination in the sight of God and in the sight of man, and … totally unacceptable.” ( ¶¶4, 15). The court of appeals rejects Betters’s claim that these references show the judge sentenced Betters based on religious considerations because the “offhand religious references”
TPR — failure to assume parental responsibility; sufficiency of the evidence
Patrick J.T. v. Shelly S., 2013AP778 and 2013AP779, District 4, 6/13/13; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP778; 2013AP779
Under the totality-of-the-circumstances standard for determining whether a parent has assumed parental responsibility, Tammy W-G. v. Jacob T., 2011 WI 30, ¶22, 333 Wis. 2d 273, 797 N.W.2d 854, the evidence was sufficient to establish that Shelly S.
Plea bargain breach by prosecutor — negative allocution
State v. Aaron L. Wood, 2013 WI App 88; case activity
The state did not breach the plea agreement where the prosecutor, after making the agreed-upon recommendation, expressed alarm and concern at what he discovered in the PSI after the plea agreement was made and referred in his sentencing argument to the negative portions of the PSI. State v. Williams, 2002 WI 1,
Substitution of judge — § 971.20(4),(5); reassignment of original judge does not make the judge “new” for substitution purposes. Admission of evidence — limiting the playing of audio recordings. Armed robbery, § 943.32 — sufficiency of the evidence.
State v. Keith M. Bohannon, 2013 WI App 87; case activity
Substitution of judge; “new” judge under § 971.20(5)
When a case is reassigned from the original judge to a second judge and then reassigned again back to the first judge, the first judge is the “original” judge assigned to the case under § 971.20(4), not a “new” judge under § 971.20(5). Therefore, a motion to substitute the original judge had to be filed before the arraignment,
Sex offender registration — court’s consideration of dismissed charges as part of exercise of discretion
State v. Christopher James Athas, 2012AP2151-CR, District 1, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity
The circuit court properly considered previous sexual assault charges that had been dismissed when it was deciding whether to order Athas to register as a sex offender after his conviction for fourth degree sexual assault:
¶3 …. Whether to order sex-offender registration is part of the circuit court’s sentencing discretion.
Disorderly conduct — sufficiency of the evidence
State v. Christina V., 2013AP405-FT, District 3, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity
The evidence was sufficient to support the trial court’s order adjudicating Christina delinquent of disorderly conduct despite the judge’s comments that what happened in the case was “somewhat of a guess” and that his conclusions were “[m]y best guess” and based on what “I suspect” happened. (¶¶12-13).
Though the trial court found none of the witnesses “all that reliable”
Request for maximum sentence by police officers who were also victims did not breach plea agreement
State v. London Mack Stewart, 2013 WI App 86; case activity
Stewart was convicted of reckless injury, reckless endangerment, and felon in possession after he shot at and injured a police officer executing a warrant at a home where Stewart was staying. (¶2). Under the plea agreement the state agreed to recommend a “global” 25-year sentence (15 in, 10 out); the state did so, but the injured officer,
TPR — Effective assistance of counsel at fact-finding hearing
Jenna L.C. v. Dustin J.K.V., 2012AP2696, District 2, 5/29/13; court of appeals decision (1-judge, ineligible for publication); case activity
The court of appeals rejects Dustin’s claim that his attorney was ineffective at the fact-finding hearing on a TPR petition alleging he had failed to assume parental responsibility for his daughter, Breyanna.
Trial counsel did not object to certain evidence about conduct Dustin allegedly engaged in shortly before he learned his girlfriend was pregnant with Breyanna.
Reckless driving, § 346.62(2) — sufficiency of the evidence
Winnebago County v. Rahb J. Kettleson, 2012AP2230, District 2, 5/29/13; court of appeals decision (1-judge; ineligible for publication); case activity
The testimony of a citizen-witness–that a car operated by Kettleson “was probably going about 65 to 68[,]” came within five or ten feet of the rear of his vehicle before passing him, made at least six lane changes without signaling, and was traveling about the same speed while coming within approximately five to ten feet of other cars he was passing–was sufficient to support Kettleson’s conviction for reckless driving:
¶9 To convict Kettleson,
Habeas corpus provides remedy where parent’s lawyer failed to file timely appeal in TPR case
Amy W. v. David G., 2013 WI App 83; case activity
David G.’s parental rights were terminated in a proceeding commenced by the child’s mother. He filed a timely notice of intent to pursue postdisposition relief, but his appointed appellate counsel failed to file a notice of appeal before the deadline. (¶3). That deadline cannot be extended because the legislature has decreed that the time for filing an appeal in a TPR case may not be enlarged when the petition was filed by someone other than “a representative of the public.”