On Point blog, page 286 of 489
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court of appeals decision (not recommended for publication); for Young: Robert N. Meyeroff; case activity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court of appeals decision (not recommended for publication); for Langlois: Philip J. Brehm; case activity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court of appeals decision (not recommended for publication); for Porter: Joseph E. Redding; case activity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court of appeals decision (1-judge, not for publication); for Eloe: John C. Orth; case activity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,
TPR – Default Judgment as to Grounds – Sufficiency of Evidence; § 48.415(6) – Constitutional Challenge, Vagueness
Dane Co. DHS v. Sophia S., 2011AP2639, District 4, 2/23/12
court of appeals decision (1-judge, not for publication); for Sophia S.: Faun M. Moses; case activity
Although the parent isn’t required to object to the sufficiency of evidence adduced in support of a default judgment on grounds for termination (the court rejecting the County’s argument on this point), there was a sufficient factual basis for the default.
Carrying Concealed Weapon: Definition of “Dangerous Weapon” re: “Operated by Force of Gunpowder”
State v. Sean T. Powell, 2012 WI App 33 (recommended for publication); for Powell: Richard L. Kaiser; case activity
Conviction for CCW, § 941.23, requires proof of a “dangerous weapon,” which is in turn defined under § 939.22(10) to include “any firearm.” The pattern instruction, Wis JI-Criminal 910 embellishes the definition: “A firearm is a weapon that acts by force of gunpowder.” Powell argues that, because the State failed to show that his loaded,