On Point: 46. WI Court of Appeals

State v. Anrietta M. Geske, 2012 WI App 15 (recommended for publication); for Geske: Jefren E. Olsen, SPD, Madison Appellate; case activity

Sufficiency of Proof – “Utter Disregard” Element (Reckless Homicide, § 940.02(1)) 

Evidence held sufficient to support reckless homicide element of utter disregard of human life, where deaths resulted from high-speed automobile collision after running red light, notwithstanding undisputed evidence that Geske swerved her car in an attempt to avoid the collision. 

State v. Jerome Mark Panick, Jr., 2011AP1107-CR, District 3, 1/4/12

court of appeals decision (1-judge, not for publication); for Panick: Paul G. LaZotte, SPD, Madison Appellate; case activity

The court rejects Panick’s argument that he “substantially complied” with IAD requirements for demanding a speedy trial on a detainer as set forth in § 976.05(3)(b). (Panick concededly fell short of the literal requirements – he mailed a letter to the prosecutor but failed to send it certified or to the local court or to obtain the warden’s certificate.) Fex v.

State v. Luke T. Nirmaier, 2011AP1355-CR, District 3, 12/28/11

court of appeals decision (1-judge, not for publication); for Nirmaier: Michael M. Rajek; case activity

The odor of alcohol on Nirmaier following a traffic accident resulting in substantial bodily injury triggered the implied consent law, notwithstanding absence of probable cause to arrest at that point:

¶9        Wisconsin Stat. § 343.305(3) outlines different scenarios in which an officer may invoke the implied consent law and request a chemical test of an individual’s breath,

Shawano County v. Anne R., 2011AP2040, District 3, 12/28/11

court of appeals decision (1-judge, not for publication); for Anne R.: Donna L. Hintze, SPD, Madison Appellate; case activity

Anne R. challenges the extension of her mental health commitment / involuntary medication order, on the ground the County failed to prove she would be a proper subject for commitment if treatment were withdrawn, § 51.20(1)(am). The court rejects the argument,

State v. Cedric O Clacks, 2011AP338-CR, District 4, 12/22/11

court of appeals decision (not recommended for publication); for Clacks: Jefren E. Olsen, SPD, Madison Appellate; case activity

Evidence held sufficient to prove contested, fourth element of identity theft (intentional representation user of personal identification document of another authorized to use it), § 943.201(2)(a) as party to the crime.

¶15      Specifically, Clacks contends that handing the credit card to a sales clerk to make a purchase and signing the electronic credit card slip cannot,

Dane Co. DHS v. Johnny S., 2011AP1659, District 4, 12/22/11

court of appeals decision (1-judge, not for publication); for Johnny S.: Dennis Schertz; case activity

¶7        Johnny contends he was not able to meaningfully participate at the trial for three reasons.  First, he appeared by telephone, not videoconference, and he did not waive his right to appear by videoconference.  Second, he could not hear what was being said during trial. 

State v. Kenneth M. Sobczak, 2012 WI App 6 (recommended for publication), petition for review granted, 6/13/12; for: Sobczak: Ryan J. Hetzel; case activity

¶6        The issue in this case is whether the girlfriend—as a guest in Sobczak’s parents’ home—had the authority to consent to the officer’s entry into the Sobczak residence and to the search and seizure of Sobczak’s laptop.[1]  We hold that she did

State v.

State v. Brent T. Novy, 2012 WI App 10 (recommended for publication), petition for review granted, 6/13/12; for Novy: Joseph George Easton; case activity

Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation 

Expert witness testimony, excluded from the State’s case-in-chief as a sanction failure to identify the witness during discovery, was admissible on rebuttal to attack the defendant’s testimony after he testified.

State v. Anthony D. Guard, 2012 WI App 8 (recommended for publication); for Guard: Richard L. Zaffiro; case activity

Warrantless Entry – Duplex, Common Hallway

Guard, a resident of a duplex upper flat, had a reasonable expectation of privacy in a hallway by which his unit was accessed, such that warrantless police entry into that hallway without consent or exigent circumstances violated the fourth amendment; factors enunciated by State v.

State v. Lisa L. Payne, 2010AP1995-CR, District 3, 12/20/11

court of appeals decision (not recommended for publication); for Payne: Eric R. Pangburn; case activity

The court, in imposing a sentence to prison confinement term of 13 months, expressly took into effect the possibility that Payne’s medical needs would not “be addressed adequately in a county jail.” Upon postconviction challenge to the sentence, “however, the court clarified that the length of Payne’s sentence was not dependent upon the care that she would receive in either jail or prison,”