On Point: 46. WI Court of Appeals

State v. Robert J. Jacobson, 2011AP581, District 2/3, 10/24/12

court of appeals decision (not recommended for publication); case activity; prior history: 2003AP2023-CR (direct appeal), 2005AP1928 (Knight petition)

Jacobson was convicted after jury trial on three counts of attempted homicide. He undertook an unsuccessful direct appeal, followed by a “Knight” habeas petition (the latter arguing that appellate counsel was ineffective in certain respects).

State v. Marilee F. Devries, 2012 WI App 119 (recommended for publication); case activity

Devries’ probation agent, after detecting alcohol on her breath during a visit at the probation office, had a law enforcement officer administer a preliminary breath test. One thing led to another and she was convicted of OWI. She challenges the PBT as a police, rather than probation, search because the probation officer wasn’t involved in the test,

State v. Ronald W. Lichty, 2012 WI App 129(recommended for publication); case activity

Lichty pleaded no contest pursuant to plea bargain which allowed, due to a good-faith mistake, the State to recommend a period of extended supervision that exceeded the permissible maximum by one year. The error was discerned prior to sentencing, where the State reduced its extended supervision recommendation by one year. (His plea was to two counts of the same offense,

State v. Terry E. Nelson, 2012AP1418-CR, District 3, 10/23/12

court of appeals decision (1-judge, ineligible for publication); case activity

Reasonable suspicion supported stop of vehicle pulling out of driveway of house from which, shortly before, someone had called 911 but then hung up. United States v. Cohen, 481 F.3d 896 (6th Cir. 2007) (“the virtually complete lack of information conveyed by the silent 911 hang-up call and the total absence of corroborating evidence indicating that criminal activity was afoot requires us to give the 911 hang-up call little weight in evaluating the totality of the circumstances”),

Nicole P. v. Michael P., 2012AP780, District 3, 10/16/12

court of appeals decision (1-judge, ineligible for publication); case activity

Father’s motion to withdraw admission to grounds (based on asserted lack of understanding that: termination of parental rights required an unfitness determination; sole focus of dispositional hearing would be child’s best interests, with no concern for parent’s own interests; disposition could result in permanent extinction of all his parental rights),

City of Sheboygan v. Herbert Binkowsky, 2012AP974, District 2, 10/17/12

court of appeals decision (1-judge, ineligible for publication); case activity

An anonymous call to the police, reporting the commission of domestic violence by a suspect who drove away in a red Cadillac with an identified plate number, was sufficiently corroborated to support a stop of a car matching the description.

¶13      “[I]f a tip contains strong indicia of an informant’s basis of knowledge,

Veronica K. v. Michael K., 2012AP197, District 1, 10/10/12

court of appeals decision (1-judge, ineligible for publication); case activity

Michael K., incarcerated at the time of this TPR trial, appeared by audio-video hookup. He argues that his due process right to meaningful participation, State v. Lavelle W., 2005 WI App 266, ¶2, 288 Wis. 2d 504, 708 N.W.2d 698, in light of his numerous contemporaneous complaints he couldn’t hear the proceedings. 

State v. Kenneth Roberts, 2012AP266, District 3, 10/11/12

court of appeals decision (not recommended for publication); case activity

Discharge hearing wasn’t required on petition, where the sole expert opinion affirmed a high risk of recividism based on “dynamic” factors, notwithstanding that revised actuarial scoring methodology yielded a lower risk for “static” factors. State v. Arends, 2010 WI 46, 325 Wis. 2d 1,

State v. Curtis L. Jackson, 2011AP2698-CR, District 1, 10/10/12; court of appeals decision (not recommended for publication), petition for review granted 2/11/13, affirmed, 2014 WI 4 (1/22/14); case activity

Waiver (Lack of Objection), Generally – Jury Instructions

¶8        … To obtain relief based on a jury instruction to which no objection was made, Jackson must show that “considering the proceedings as a whole,

State v. Darold M., 2012AP1020, District 1, 10/10/12

court of appeals decision (1-judge, ineligible for publication); case activity

Juvenile was not entitled to evidentiary hearing on his plea-withdrawal motion, which was premised on an unchecked box on the plea questionnaire signifying whether he understood the charges.

¶2        We conclude that Darold has not met his burden of showing that plea withdrawal is necessary to prevent a manifest injustice under the juvenile plea statute,