On Point: 46. WI Court of Appeals

State v. Charles A. Clayton-Jones, 2010AP2239-CR, District 4, 12/15/11

court of appeals decision (not recommended for publication); for Clayton-Jones: Martin E. Kohler, Craig S. Powell; case activity

 Clayton-Jones resolved a 2006 charge (involving sexual assault of a boy) with a plea bargain, in which the state was to recommend 12 years initial confinement. Before sentencing, he allegedly violated bond conditions, and the state sought to be relieved of its bargained-for allocution limit.

court of appeals publication orders, 12/14/11

On Point posts from this list:

2011 WI App 156 State v. Forrest Andre Saunders

2011 WI App 157 State v. Jamie L. Salonen

2011 WI App 163 Melissa M. Hines v. Daniel K. Resnick, M.D.

2011 WI App 164 State v. Michael T. Ziller

State v. Anthony L. Prineas, 2012 WI App 2 (recommended for publication), reissued after initial decision withdrawn; for Prineas: Robert R. Henak; case activity; prior history: State v. Prineas, 2009 WI App 28, 316 Wis. 2d 414, 766 NW.2d 206

Evidence – Prior Inconsistent Statements 

Evidence of complainant KAC’s statements made during an alleged sexual assault were admissible as prior inconsistent statements,

County of Calumet v. Daniel A. Ryan, 2011AP490, District 2, 12/14/11

court of appeals decision (1-judge, not for publication); for Ryan: John M. Carroll; case activity

Officers, investigating a one-car accident, approached Ryan’s home, knocked on his door and “(a)fter several minutes of ‘back and forth,’ Ryan came out of his residence” (admittedly “voluntarily”). Subsequent testing revealed him to be intoxicated and he was convicted of OWI.

State v. Brian S. Wold, 2011AP1518-CR, District 2, 12/14/11

court of appeals decision (1-judge, not for publication); for Wold: Patrick A. Dewane, Jr.; case activity

Report from a named, citizen informant that a particular vehicle was “driving all over the roadway” was sufficiently reliable to support traffic stop for OWI, even though after spotting the vehicle, the officer followed it for a mile without himself observing any traffic violations. 

State v. Tiffany Michelle Flowers, 2011AP1757-CR, District 1, 12/13/11

court of appeals decision (1-judge, not for publication); for Flowers: Daniel A. Necci; case activity

Conviction for carrying a concealed weapon (gun in a purse, in a car), § 941.23, upheld against second amendment challenge to facial validity. Court rejects strict scrutiny test. (The statute was amended by 2011 Wis. Act 35, §§ 50-55, to allow among other things conceal-carry for licensees;

State v. William A. Grantham, 2010AP2693-CR, District 3, 12/13/11

court of appeals decision (not recommended for publication); for Grantham: Peter C. Rotter; case activity

Search warrant, for thermal imaging device use against residence, passes muster even if labeled “order.”

¶5        Grantham acknowledges that our supreme court has concluded, “An order meeting the parameters of a search warrant set out in [Wis. Stat. § 968.12(1)][2] is a statutorily authorized warrant,

State v. Jason L. Decorah, 2011AP662-CR, District 4, 12/8/11

court of appeals decision (1-judge, not for publication); for Decorah: Corey C. Chirafisi; case activity

Collateral attack on a prior OWI used as a current enhancer, on the ground Decorah didn’t understand the range of penalties therefore didn’t validly waive counsel. Decorah prevailed below, and the court affirms on this State’s appeal:

¶3        Decorah’s collateral attack is based on his contention that,

Dane Co. DHS v. Lee H., 2011AP1138, District 4, 12/8/11

court of appeals decision (1-judge, not for publication); for Lee H.: Theresa J. Schmieder; case activity

The trial court did not err in directing answers to special verdict questions with respect to two elements of grounds for terminating parental rights (existence of order containing TPR notice placing the child outside the parent’s home; failure to visit or communicate with child 3 months or longer).

State v. John R. Nelson, 2011AP125-CR, District 2, 12/7/11

court of appeals decision (1-judge, not for publication); for Nelson: John A. Nelson; case activity

The officer’s observation that Nelson’s vehicle intruded “somewhat into the intersection” before stopping provided reasonable suspicion for a stop-sign violation, § 346.46(1). The stop wasn’t unnecessarily prolonged by summoning a drug dog while the officer ran record checks and issued a warning ticket.