On Point blog, page 282 of 483
TPR – Constitutionality, § 48.415(6)
Chippewa County Dept. of Human Services v. James A., 2011AP2613, District 3, 2/7/12
court of appeals decision (1-judge, not for publication); for James A.: Susan E. Alesia, SPD, Madison Appellate; case activity
¶18 James does not allege Wis. Stat. § 48.415(6) implicates a First Amendment right. Therefore, the threshold question is whether James’ conduct plainly falls within the statute’s proscriptions. If it does, he is precluded from challenging the statute on vagueness grounds.
TPR – Request for Admissions
Dane Co. DHS v. Kevin D., 2011AP2748, District 4, 2/2/12
court of appeals decision (1-judge, not for publication); for Kevin: Steven Zaleski; case activity
Kevin’s failure to respond to the County requests for admission, § 804.11(2), led the trial court to deem those requests admitted, and then to grant summary judgment as to grounds based on the “deemed admissions.” The court of appeals rejects Kevin’s challenge to the admissions: he was given adequate notice as to the consequences for failure to respond,
TPR – Jury Instructions: Waiver of Issue; Ineffective Assistance
Heather T. C. v. Donald M. H., 2010AP467, District 2, 2/1/12
court of appeals decision (1-judge, not for publication); for Donald: Thomas K. Voss; case activity
Failure to object at trial waived appellate challenge to jury instructions and verdict form that combined two separate periods of abandonment as grounds for termination.
¶6 Failure to object to proposed jury instructions or verdicts at the instruction and verdict conference constitutes waiver of any error in the instructions or verdicts.
Sentence Review: New Factor – Substantial Assistance to Law Enforcement
State v. Anthony C. Boyden, 2012 WI App 38 (recommended for publication); for Boyden: Rex Anderegg; case activity
Information provided by Boyden before his sentencing, which didn’t bear fruit until much later, supported a new factor-based request for sentence modification. State v. Doe, 2005 WI App 68, 280 Wis. 2d 731, 697 N.W.2d 101, followed.
¶14 Boyden’s motion for sentence modification addresses in detail the factors set forth in Doe.
Traffic Stop: Failure to Display Front Plate
State v. Terrence T. Boyd, 2012 WI App 39 (recommended for publication); for Boyd: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity
Because Boyd’s car was registered in a state (Illinois) that issues two plates, car could be stopped for failing to display a plate on the front, in violation of § 341.15(1) (“[w]henever 2 registration plates are issued for a vehicle, one plate shall be attached to the front and one to the rear of the vehicle.”).
Mental Health Commitment – Dangerousness
Winnebago County v. Nathan W., 2011AP2099, District 2, 2/1/12
court of appeals decision (1-judge, not for publication); for Nathan W.: Martha K. Askins, SPD, Madison Appellate; case activity
¶3 Here, Dr. Zerrien’s testimony at the commitment hearing supported the circuit court’s commitment order. Dr. Zerrien was Nathan’s treating psychiatrist. Dr. Zerrien testified based on his treatment of Nathan and his review of Nathan’s medical records. Dr. Zerrien testified that Nathan has bipolar disorder and that this mood disorder grossly impairs him when he is not under treatment,
Sentencing Enhancer – Proof
State v. Christopher J. Holan, 2011AP1717-CR, District 3, 1/31/12
court of appeals decision (1-judge, not for publication); for Holan: Martha K. Askins; case activity
Holan’s admission to his prior felony conviction satisfied § 973.12(1); the court rejects his argument that the record must show his knowledge that he faced increased punishment because of the prior conviction:
Protective Placement – Sufficiency of Evidence
Outagamie County Department of Health and Human Services v. Gregory M., 2011AP1978, District 3, 1/31/12
court of appeals decision (1-judge, not for publication); for Gregory M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity
Evidence held sufficient to support a “primary need for residential care and custody,” § 55.08(1)(a), notwithstanding that ” Gregory is able to perform most daily living activities with little or no assistance,” ¶¶13-15.
Newly Discovered Evidence – Recantation
State v. Reynold C. Moore, 2010AP377, District 3/4, 1/26/12
court of appeals decision (not recommended for publication); for Moore: Byron C. Lichstein; case activity; prior history: 1997AP1193-CR, habeas relief denied, Moore v. Casperson, 345 F.3d 474 (7th Cir. 2003)
Moore seeks relief on the basis of newly discovered evidence in the form of a purported recantation of State witness James Gilliam’s trial testimony.
CCW, § 941.23 (Pre-Act 35 Amendment) – Facially Constitutional
State v. Brian K. Little, 2011AP1740-CR, District 4, 1/26/12
court of appeals decision (1-judge, not for publication); for Little: Lane Fitzgerald; case activity
The court rejects challenges to § 941.23, carrying concealed weapon, as facially violating the state and federal constitutional right to bear arms. (The statute presently allows concealed carry under specified circumstances, 2011 WI Act 35. Little was convicted under the prior version,