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court of appeals decision (1-judge, not for publication); for Teska: John E. German; case activity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.

Read full article >

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court of appeals decision (1-judge, not for publication); for Anderson: pro se; case activity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,

Read full article >

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.

Read full article >

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court of appeals decision (not recommended for publication); for Young: Robert N. Meyeroff; case activity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,

Read full article >

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court of appeals decision (not recommended for publication); for Langlois: Philip J. Brehm; case activity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.  

Read full article >

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,

Read full article >

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.

Read full article >

Court of Appeals Publication Orders, 2/12

Read full article >

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,

Read full article >

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,

Read full article >