On Point: 46. WI Court of Appeals

court of appeals publication orders, 8/29/12

On Point posts:

2012 WI App 89 State v. Richard Lavon Deadwiller

2012 WI App 90 State v. Terry G. Vollbrecht

2012 WI App 93 State v. Troy L. Cameron

2012 WI App 95 State v. Brandon M. Melton

State v. Robert T., 2012AP1110, District 1, 8/28/12

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

¶11      Robert argues that because an adoptive resource was not in place for Anthony at the time of the dispositional hearing, the trial court essentially left Anthony without a family and did not make a finding in Anthony’s best interest.  Effectually, Robert argues that the trial court did not properly consider the factors set forth in Wis.

State v. Eric K. Fredlund, 2012AP742-CR, District 2, 8/22/12

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

An officer’s observation that a vehicle’s headlights “just appear[ed],” such that the officer couldn’t tell if the vehicle had been traveling down the roadway without lights, supported a traffic stop.

¶6        From the deputy’s observation of Fredlund’s vehicle at around “4 or 4:30 in the morning,” a reasonable officer could reasonably infer that Fredlund was violating the law by driving down the highway without the vehicle’s headlights turned on.  

State v. Paul J. Mayek, 2012AP398-CR, District 3, 8/21/12

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

¶8        Although we have concluded Rasmussen did not seize Mayek until after he approached Mayek’s vehicle, it is impossible to tell from Rasmussen’s testimony precisely when the seizure occurred.  Neither the parties, nor the circuit court, appear to have given serious consideration to the issue.  Rasmussen was not questioned about what took place after he approached Mayek’s vehicle.  

State v. Lavon J. Ash, Sr., 2012AP381-CR, District 2, 8/15/12

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

Ash was sentenced to concurrent terms of one-year initial confinement, one-year extended supervision on two misdemeanor counts, a sentence structure he successfully challenges. Incompatible statutory mandates lie at the heart of the problem. In the first instance, § 973.01(1)  requires bifurcated misdemeanor sentences, which simply isn’t possible for unenhanced misdemeanors: a bifurcated sentence must be served in prison,

Village of Oregon v. Jeremy Florin, 2011AP1708, District 4, 8/16/12

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

Suspected of drunk driving, Florin was followed by a police officer to his home, ignored the officer’s command to stop, and went inside via an open garage. The officer entered the still-open garage, knocked on the door to the home, induced Florin outside and eventually arrested him for drunk driving.

Village of Jackson v. John W. Hespe, 2012AP680-FT, District 2, 8/15/12

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

“Unsafe,” but not necessarily “illegal” rate of speed supported traffic stop, State v. Anagnos, 2012 WI 64, 341 Wis. 2d 576, 815 N.W.2d 675, followed:

¶6        Here, Hespe contends that while the court found that his speed was not normal,

State v. Pierre R. Conner, 2012 WI App 105 (recommended for publication); case activity

Interrogations – Miranda-Edwards Rule – Unequivocal Request for Counsel 

The issues on a request-for-counsel challenge to in-custody interrogation are whether the individual  unequivocally invoked his right to counsel and, if so, whether he subsequently reinitiated questioning, Edwards v. Arizona, 451 U.S. 477, 484-85 (1981). Although the trial court found that Conner’s requests for counsel were equivocal,

State v. Johnnie Austin, 2011AP2953-CR, District 1, 8/14/12

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

Continued detention of Austin, following an indisputably proper stop for illegal parking, was supported by reasonable suspicion:

¶14      This court disagrees; the trial court properly found Officer Tisher’s continued detention of Austin reasonable.  If, during a valid traffic stop, an officer becomes reasonably suspicious of an individual,

State v. Craig R. Moss, 2012AP259-CR, District 3, 8/14/12

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

Terry stop of Moss’s car supported by reasonable suspicion of involvement in drug activity:

¶10      While patrolling a high crime area in the middle of the night, Steffens observed a vehicle stop briefly in front of a known drug house.  When the vehicle observed Steffens’ squad car,