On Point: 46. WI Court of Appeals

Outagamie County v. Melanie L., 2012AP99, District 3, 5/22/12, WSC review granted 11/14/12

court of appeals decision (1-judge, not for publication), supreme court review granted 11/14/12; for Melanie M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity

Evidence held sufficient to sustain involuntary medication order.

¶11      We reject Melanie’s argument that the expert needs to iterate the specific words of the statute in order for the evidence to be sufficient.   

Karen Baker v. Department of Health Services, 2012 WI App 72 (recommended for publication); case activity

Service, by Mail – Generally 

¶3 n. 2:

… In the absence of a statutory provision, the rule in Wisconsin is that service of notice by mail is not effective until the party receives it.  Hotel Hay Corp. v. Milner Hotels, 255 Wis.

State v. Matthew O. Roach, 2011AP2105-CR, District 4, 5/17/12

court of appeals decision (1-judge, not for publication); for Roach: Brandon Kuhl; case activity

Mootness Doctrine – Generally 

¶8 n. 2:

The State also contends that this issue is moot because the condition of probation Roach challenges expired on January 19, 2012.  An issue is moot when its resolution will have no practical effect on the underlying controversy.  

State v. Shannon J. Perronne, 2011AP1731-CR, District 2, 5/16/12

court of appeals decision (1-judge, not for publication); for Perrone: Casey J. Hoff; case activity

When the principal State’s witness failed to appear at a suppression hearing, the trial court ordered suppression and dismissed the charge. The State then refiled the complaint and the trial court vacated the suppression order, eventually denying suppression on the ground that probable cause supported arrest.

State v. Casey D. Schwandt, 2011AP2301-CR, District 2, 5/16/12

court of appeals decision (1-judge, not for publication); for Schwandt: Erik C. Johnson; case activity

Schwandt made a prima facie showing that he did not validly waive counsel in a 1997 OWI conviction used as a penalty enhancer.

General Principles.

¶5        A defendant may collaterally attack a prior conviction on the ground that his or her constitutional right to counsel was violated because he or she did not knowingly,

Michael B. v. Marcy M., 2011AP2846, District 2, 5/16/12

court of appeals decision (1-judge, not for publication); for Marcy M.: Jane S. Earle; case activity

By responding (inadequately) to a TPR motion for summary judgment on grounds with a letter rather than evidence such as an affidavit, counsel provided ineffective assistance.

¶10      We disagree that counsel’s performance was “not ineffective.”  In the face of summary judgment that would deprive Marcy of a jury determination on her failure to assume parental responsibility,

State v. Ralph S. Stewart, 2011AP1424-CR, District 1, 5/15/12

court of appeals decision (not recommended for publication); for Stewart: Byron C. Lichstein; case activity

Counsel’s failure to impeach police officers, with their own reported statements, was deficient:

¶17      While matters of trial strategy are generally left to counsel’s professional judgment, counsel may be found ineffective if the strategy was objectively unreasonable.  See State v.

State v. Joel R. Medrow, 2011AP2314, District 1, 5/15/12

court of appeals decision (1-judge, not for publication); for Medrow: Chad A. Kanning; case activity

An anonymous call to the police reported that the caller had followed a possibly impaired driver who had turned parked in the front parking lot of the Cudahy Police Department; the report included the vehicle’s license plate number. The court concludes that, upon seeing Medrow just outside that vehicle,

Oneida County Department of Social Services v. Scott H, 2011AP2599, District 3, 5/15/12

court of appeals decision (1-judge, not for publication); for Scott H.: Brian C. Findley; case activity; companion case: Oneida County Department of Social Services v. Amanda H., 2011AP2599 

Notwithstanding trial counsel’s concession of no strategic reason for allowing the jury to view documents reciting Scott’s “history of violent behavior,”

Oneida County Department of Social Services v. Amanda H, 2011AP2600, District 3, 5/15/12

court of appeals decision (1-judge, not for publication); for Amanda H.: Shelley Fite, SPD, Madison Appellate; case activity; companion case: Oneida County Department of Social Services v. Scott H., 2011AP2599

TPR – Severance 

On joint trial for termination of parental rights, Scott’s disruptive conduct didn’t necessitate grant of severance motion by Amanda.