On Point: 46. WI Court of Appeals

Milwaukee County v. Mary F.-R., 2012AP958, District 1, 10/2/12; court of appeals (1-judge, ineligible for publication), petition for review granted 2/11/13; case activity

Ch. 51 Commitment – Sufficiency of Evidence

Evidence held sufficient to uphold commitment, on issue of “dangerousness,” State v. Poellinger, 153 Wis. 2d 493, 507, 451 N.W.2d 752, (1990), applied:

 ¶12      Here,

State v. Frederick L. Lucht, 2011AP1644-CR, District 4, 9/27/12

court of appeals decision (not recommended for publication); case activity

The record supports the existence of an agreement between Lucht and another to commit the crime of first-degree intentional homicide.

¶28      Lucht refers us to cases standing for propositions that a conspiracy cannot be based on a mere “agreement to negotiate,” see United States v.

court of appeals publication orders, 9/27/12

On Point posts:

2012 WI App 99 State v. Michael Anthony Lock

2012 WI App 101 State v. Mark M. Benson

2012 WI App 103 State v. Cody A. Gibson

2012 WI App 104 State v. Jason M. Jacobs

2012 WI App 105 State v.

State v. Pamela L. Hammersley, 2012AP1131-CR, District 2, 9/26/12

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

Stop of vehicle, assertedly for violating local trespassing ordinance, held not supportable:

¶3        It is settled law that a stop cannot be based on an officer’s mistaken understanding of the law.  State v. Longcore, 226 Wis. 2d 1, 3-4, 594 N.W.2d 412 (Ct.

Buffalo County Department of Health & Human Services v. Jennifer C., 2012AP1564, District 3, 9/25/12

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

Though not “independently admissible,” a long list of damaging items related to Jennifer’s background (such as theparent’s father’s sexual abuse of his daughters, and Jennifer’s own emotional and sexual abuse by her adoptive parents) was admissible to show the basis for an expert’s opinion that Jennifer was unlikely to meet conditions for return of her children:

¶16      Wisconsin Stat. 

State v. Mark E. Johnson, 2011AP2673-CR, District 3, 9/25/12

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

Cross-examination of Johnson, on trial for possession of marijuana and bail jumping, as to his marijuana use was proper, but as to his use of cocaine (eliciting an admission) was reversible error:

¶10      Johnson concedes that, after he testified he never possessed marijuana, the State was permitted to cross-examine him about a previous instance where he possessed marijuana.  

State v. Timothy W. Bastian, 2012AP793-CR, District 3, 9/25/12

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

 The court holds, without resolving the issue of whether reasonable suspicion sufficed, that probable cause supported Bastian’s traffic stop for inattentive driving, given “the circuit court’s factual determination that Bastian was ‘looking towards the passenger seat’”:

¶10      Wisconsin Stat. § 346.89, titled “Inattentive driving,” provides in relevant part:  “No person while driving a motor vehicle shall be so engaged or occupied as to interfere with the safe driving of such vehicle.”  Wis.

State v. William R. Hartman, 2011AP622, District 4, 9/20/12

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

OWI – Refusal Hearing – Raising Challenge to Lawfulness of Stop

Refusal hearing supports litigation of lawfulness of stop; State v. Anagnos, 2012 WI 64, ¶42, 341 Wis. 2d 576, 815 N.W.2d 675, followed:

 ¶14      Accordingly, we reject the State’s contention that Hartman improperly raised the issue of reasonable suspicion at the refusal hearing.   

State v. Thomas R. McEssey, 2011AP2668-CR, District 4, 9/20/12

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

The police inadvertently destroyed a recording of a phone conversation between McEssey and the alleged victim. (A separate, but partial recording – containing only the latter’s side of the conversation – was made, misplaced, and belatedly disclosed to the defense.) Finding that the destruction of the recording of the full conversation was unintentional,

State v. Portia M. Meyer, 2012AP206-CR, District 4, 9/20/12

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

Assuming that the police placed Meyer under arrest when handcuffing her and placing her in the back of a squad car following a traffic accident, they had probable cause to do so for failure to yield right-of-way:

¶8        Police may arrest a person without a warrant for “the violation of a traffic regulation if the traffic officer has reasonable grounds to believe that the person is violating or has violated a traffic regulation.”[2]  Wis.