On Point blog, page 281 of 484
Reasonable Suspicion – Traffic Stop, OWI
Village of DeForest v. Lynn J. Braun, 2011AP2116, District 4, 3/15/12
court of appeals decision (1-judge, not for publication); for Braun: Robert Nagel; case activity
Stop for driving under the influence unsupported by reasonable suspicion:
¶11 I likewise conclude that there were insufficient facts before Officer Schaefer which could lead him to reasonably suspect that Braun was driving a motor vehicle under the influence of an intoxicant.
Charging Document: Notice of Nature of Charge – Element of Force Omitted; Sentencing: Inaccurate Information – Misperceived Mandatory Minimum
State v. Lamont L. Travis, 2012 WI App 46 (recommended for publication), petition for review granted, 9/18/12; case activity
For unsuccessfully trying to put his hand down his 10-year-old niece’s pants, Travis was charged with, and pleaded guilty to, attempted first-degree sexual assault of a child under age 12, §§ 939.32, 948.02(1)(d). However, that particular form of assault requires use or threat of use of force and violence,
SVP (Ch. 980) Supervised Release: Challenge to Conditions, Ripeness – Validity, Condition Abide by Correctional Facility Rules
State v. Dennis R. Thiel, 2012 WI App 48 (recommended for publication); for Thiel: Jeffrey W. Jensen; case activity
SVP (Ch. 980) Supervised Release – Challenge to Conditions: Ripeness
Thiel’s challenge to 2 conditions of his supervised release from a ch. 980 commitment are ripe for review (the conditions relate to possible detention in a correctional facility and administration of polygraphs):
¶7 The State argues that Thiel’s claims are not ripe for review because no circumstances have arisen where Rules 13 and 16 were sought to be enforced.
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court of appeals decision (1-judge, not for publication); for Teska: John E. German; case activity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court of appeals decision (1-judge, not for publication); for Anderson: pro se; case activity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.