On Point blog, page 280 of 484
Court of Appeals Publication Orders, 3/12
court of appeals publication orders, 3/28/12
On Point posts from this list:
2012 WI App 33 State v. Sean T. Powell
2012 WI App 38 State v. Anthony C. Boyden
2012 WI App 39 State v. Terrence T. Boyd
Exculpatory Evidence – Police Personnel Records; Postconviction Procedure – Serial Litigation Bar: Supplement to Still-Pending Motion
State v. Christopher J. Anderson, 2009AP3053-CR, District 1, 3/27/12
court of appeals decision (not recommended for publication); pro se; case activity; prior history: 2008AP504-CR
Anderson’s prior appeal established that “the trial court erred when it denied his request for an in camera review of [police] personnel files because he had both a constitutional and statutory right to any exculpatory or impeachment evidence in the files,”
Traffic Stop – Duration – Dog Sniff
State v. Dawn M. Fletcher, 2011AP1356-CR, District 3, 3/27/12
court of appeals decision (1-judge, not for publication); for Fletcher: Earl J. Luaders, III; case activity
The court upholds search of a car following a drug dog alert which occurred while an officer was still processing a warning ticket for a conceded traffic violation:
¶7 On appeal, Fletcher concedes the initial stop was lawful. She argues the dog sniff was illegal because the officer had no reasonable suspicion to detain the occupants of the vehicle to request a dog sniff.
TPR – Closing Argument, GAL – Ineffective Assistance of Counsel
State v. Corrine J., 2011AP1916 / State v. Dalvin C., Sr., 2011AP1882, District 1, 3/27/12
court of appeals decision (1-judge, not for publication); for Corrine J.: Melinda A. Swartz, SPD, Milwaukee Appellate; for Dalvin C.: Jeffrey W. Jensen; case activity
Trial counsel’s failure to object to the guardian ad litem’s closing argument wasn’t prejudicial, given the strength of the case for terminating parental rights. (The argument, merits of which the court doesn’t reach,
TPR – Default; TPR – Right to Present Evidence
State v. Laura M., 2011AP2828, District 1, 3/27/12
court of appeals decision(1-judge, not for publication); for Laura M.: Russell D. Bohach; case activity
The trial court properly exercised discretion in finding Laura M. in default when she failed to appear for trial on TPR grounds. A father of one of her children, Padrein K., called counsel to report that he had been stabbed and that Laura M.
Sentencing Discretion
State v. Scott P. Wojcik, 2011AP2568-CR, District 2, 3/21/12
court of appeals decision (1-judge, not for publication); for Wojcik: Christopher Lee Wiesmueller; case activity
90-day jail sentence for OWI-2nd (minimum 0f 5 days, maximum of 6 months) upheld as proper exercise of discretion. Trial court considered as aggravators recentness of prior OWI conviction (2008) and his seeming level of impairment (stumbled on getting out of car); and stressed deterrent purpose of sentence.
OWI – Repeater – Collateral Attack
State v. Traci L. Scott, 2011AP2115-CR, District 2, 3/21/12
court of appeals decision (1-judge, not for publication); for Scott: Rex Anderegg; case activity
The court rejects Scott’s challenge to a prior OWI conviction, concluding that she aware of the range of punishments, dangers of self-representation, etc. General test recited:
¶2 A defendant facing an enhanced sentence based on a prior conviction may only collaterally attack that prior conviction based on the denial of the constitutional right to counsel.
OWI – Operating in Parking Lot: “Held Out to the Public for Use,” § 346.61
State v. Heidi L. Fleischmann, 2011AP2558-CR, District 3, 3/20/12
court of appeals decision (1-judge, not for publication); for Fleischmann: Sarvan Singh; case activity
The State satisfied its burden of proving that Fleischmann operation of a motor vehicle, in a parking lot adjacent to an empty business building, was on “premises held out to the public for use of their motor vehicles,” § 346.61.
¶8 Whether a premises is held out to the public depends on the owner’s intent.
Open Records / Public Access to Court Records: Treatment Records, Generally – NGI Conditional Release Plan; Appellate Procedure: “Aggrieved Party” Right to Appeal
In the matter of State of Wisconsin v. Bryan J. Stanley: La Crosse Tribune v. Circuit Court for La Crosse County, 2012 WI App 42 (recommended for publication); case activity
Open Records / Public Access to Court Records – Treatment Records, Generally
(Discussion with respect to newspaper’s Open Records request for information contained in NGI conditional release plan:)
¶25 While this is a criminal commitment case following an NGI finding under Wis.
Appellate Procedure: Traffic Forfeiture or Municipal Ordinance Appeal – Circuit Court Docket Entries Tantamount to Final Order
Village of McFarland v. Jennifer M. Zetzman, 2012 WI App 49 (recommended for publication); case activity
Appeal to the court of appeals of a municipal ordinance or traffic forfeiture disposition may be based on the circuit court docket entries instead of a written final order, whether the case originated in municipal or circuit court:
¶2 In this case, Jennifer Zetzman was convicted in municipal court of operating a motor vehicle while intoxicated and with a prohibited blood alcohol concentration.