On Point blog, page 280 of 483
Sentence Credit, § 973.155
State v. Daryl J. Teska, 2011AP1010-CR, District 2, 3/14/12
court of appeals decision (1-judge, not for publication); for Teska: John E. German; case activity
Teska was originally placed on probation, sentences withheld, on 3 counts; jail time as a condition of probation was ordered as to 1 count. Probation was later revoked and although all 3 of sentences were imposed concurrently, credit for the time spent in jail as a condition of probation was allocated only to that particular count.
OWI – Operating on Public “Premises” – Frozen Lake
State v. Todd M. Anderson, 2011AP1499-CR, District 2, 3/14/12
court of appeals decision (1-judge, not for publication); for Anderson: pro se; case activity
Frozen Lake Winnebago is a public “premises” within § 346.61, therefore supports prosecution for operating a vehicle on the lake while intoxicated. City of Kenosha v. Phillips, 142 Wis. 2d 549, 419 N.W.2d 236 (1988), discussed and applied.
¶9 Unlike the Phillips court,
Conspiracy to Commit Theft by Fraud, §§ 939.31, 943.20(1)(d): Value of Stolen Property:Sufficiency of Evidence; Sentencing: Accurate Information – Partial Acquittal
State v. Matthew R. Steffes, 2012 WI App 47 (recommended for publication), petition for review granted, 10/16/12; for Steffes: Jeffrey W. Jensen; case activity
Conspiracy to Commit Theft by Fraud, §§ 939.31, 943.20(1)(d) – Sufficiency of Evidence
Evidence held sufficient to sustain Steffes’ conviction for conspiracy to commit theft by fraud, based on his participation in a prisoners’ “burn-out” telephone scam.
Reasonable Suspicion; Instructions – Party to a Crime – Evidentiary Support; Ineffective Assistance of Counsel
State v. Jermaine Kennard Young, 2010AP2959-CR, District 1, 3/6/12
court of appeals decision (not recommended for publication); for Young: Robert N. Meyeroff; case activity
Reasonable suspicion existed to justify investigative stop of Young, based on a tip from confidential informant that someone matching Young’s description would be at a specified time and place to sell drugs.
¶13 When determining the reliability of a CI’s tip,
Jury Selection – Batson; Privileged (Mental Health) Records – In Camera Review; Evidence – Relevance; Expert Witness
State v. Britney M. Langlois, 2011AP166-CR, District 4/1, 3/6/12
court of appeals decision (not recommended for publication); for Langlois: Philip J. Brehm; case activity
The court of appeals upholds a trial court finding that the prosecutor’s explanation for striking an African-American juror (recent conviction for disorderly conduct) was non-discriminatory:
¶33 After reviewing the record, we are satisfied that the trial court properly applied the Batson test.
Effective Assistance of Counsel – Revocation of Supervision, Generally; Parole Hold – DOC Jurisdiction to Revoke
State ex rel. Gerald Porter v. Cockroft, 2011AP308, 2011AP308, District 1, 3/6/12
court of appeals decision (not recommended for publication); for Porter: Joseph E. Redding; case activity
Ineffective assistance of counsel at a revocation hearing is reviewable by habeas corpus, ¶10, citing State v. Ramey, 121 Wis. 2d 177, 182, 359 N.W.2d 402 (Ct. App. 1984). But, because there is no right to counsel on review of a revocation order,
Complaint – Probable Cause, Generally; Complaint, Violating Foreign Protection Order, § 813.128(2) – Sufficiency
State v. Timothy Jon Eloe, 2011AP1970-CR, District 2, 2/29/12
court of appeals decision (1-judge, not for publication); for Eloe: John C. Orth; case activity
¶5 To be sufficient, a criminal complaint need only be minimally adequate in setting forth essential facts establishing probable cause. State v. Adams, 152 Wis. 2d 68, 73, 447 N.W.2d 90 (Ct. App. 1989). Further, the adequacy of the complaint is to be evaluated “in a common sense rather than a hypertechnical manner.” Id.
Court of Appeals Publication Orders, 2/12
court of appeals publication orders, 2/29/12
On Point posts from this list:
2012 WI App 14 State v. Demian Hyden McDermott
2012 WI App 15 State v. Anrietta M. Geske
2012 WI App 21 State v. James Lee Johnson
2012 WI App 25 State v. Dylan S. / Renee B.
Ineffective Assistance – Sentencing; Failure to Request Substitution
State v. Miller X. Lark-Holland, 2011AP791-CR, District 1, 2/28/12
court of appeals decision (not recommended for publication); for Lark-Holland: Byron C. Lichstein; case activity
¶7 Lark-Holland’s first complaint is that his trial lawyer did not emphasize the mitigating factor that he said he was forced into committing the robbery, and also made several comments that he says undercut his character. … These comments, however, when read in full context,
Ineffective Assistance – Prejudice; Trial Court Exercise of Discretion – Over-Reliance on Party’s Submission
State v. Juan Angel Orengo, 2011AP137, District 1, 2/28/12
court of appeals decision (not recommended for publication); for Orengo: Robert R. Henak; case activity
Counsel’s failure to attempt severance, from a drug charge, of a felon-in-possession-of-weapon count, didn’t amount to ineffective assistance.
¶8 Wisconsin law recognizes that guns and drug dealers go together. See State v. Guy, 172 Wis. 2d 86,