On Point: 46. WI Court of Appeals

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court of appeals decision (not recommended for publication); case activity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State v. Curtis L. Jackson, 2011AP2698-CR, District 1, 10/10/12; court of appeals decision (not recommended for publication), petition for review granted 2/11/13, affirmed, 2014 WI 4 (1/22/14); case activity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

Godfrey & Kahn, S.C. v. Circuit Court for Milwaukee County, 2012 WI App 120(recommended for publication); case activity

A court doesn’t possess inherent authority to impose on counsel a sanction (here, monetary) for pre-litigation advice, that is, conduct occurring before the court’s jurisdiction was invoked:

¶3        We conclude that the record, particularly the trial court’s own words in its ruling, clearly shows that the trial court imposed the sanction for pre-litigation legal advice that the trial court believed Godfrey &

Ardonis Greer v. David H. Schwarz, 2012 WI App 122, petition for review granted 6/12/13, affirmed, 2014 WI 19; case activity

DOC Discharge Certificate (Probation, § 973.09(5)) – Wrongly Issued, Prior to Expiration of Term of Probation 

As a function of “administrative error,” the department of corrections issued Greer a discharge certificate before his term of probation had expired.

Cesar Deleon v. Circuit Court for Brown County, 2012AP278, District 3, 10/10/12

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

Summary Contempt, §§ 785.01(1)(a), 785.04(2)(b) – “Unit” of Sanctionable Conduct 

Separate, consecutive punishments meted out for each of 11 profane utterances and 1 act of spitting during brief exchange with judge upheld, against argument they “amounted only to a single act of contempt because they took place during a short period of time.”

State v. Robert M. Schmitt, 2012 WI App 121 (recommended for publication); case activity

Although “the summons, complaint and the supporting affidavit must each be authenticated as a condition of personal jurisdiction when commencing a forfeiture action,” ¶1,  an authentication defect attributable to a clerk’s error is merely technical and doesn’t impair jurisdiction.

¶4        In Schmitt’s case, the first page of the summons and the first page of the complaint were each authenticated,

County of Marathon v. Paul R. DeBuhr, District 3, 2011AP2959, 10/2/12

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

¶13      At the outset, we observe that DeBuhr was given the opportunity to raise his concerns about Hackworthy’s testimony and retrograde extrapolation in the circuit court but failed to do so.  DeBuhr never responded to the County’s brief in support of admitting the testimony and never offered any argument in support of his earlier assertion that he believed retrograde extrapolation was “not proper science.”  As a result,