On Point blog, page 287 of 491
Traffic Stop – Duration – Dog Sniff
State v. Dawn M. Fletcher, 2011AP1356-CR, District 3, 3/27/12
court of appeals decision (1-judge, not for publication); for Fletcher: Earl J. Luaders, III; case activity
The court upholds search of a car following a drug dog alert which occurred while an officer was still processing a warning ticket for a conceded traffic violation:
¶7 On appeal, Fletcher concedes the initial stop was lawful. She argues the dog sniff was illegal because the officer had no reasonable suspicion to detain the occupants of the vehicle to request a dog sniff.
TPR – Closing Argument, GAL – Ineffective Assistance of Counsel
State v. Corrine J., 2011AP1916 / State v. Dalvin C., Sr., 2011AP1882, District 1, 3/27/12
court of appeals decision (1-judge, not for publication); for Corrine J.: Melinda A. Swartz, SPD, Milwaukee Appellate; for Dalvin C.: Jeffrey W. Jensen; case activity
Trial counsel’s failure to object to the guardian ad litem’s closing argument wasn’t prejudicial, given the strength of the case for terminating parental rights. (The argument, merits of which the court doesn’t reach,
TPR – Default; TPR – Right to Present Evidence
State v. Laura M., 2011AP2828, District 1, 3/27/12
court of appeals decision(1-judge, not for publication); for Laura M.: Russell D. Bohach; case activity
The trial court properly exercised discretion in finding Laura M. in default when she failed to appear for trial on TPR grounds. A father of one of her children, Padrein K., called counsel to report that he had been stabbed and that Laura M.
Sentencing Discretion
State v. Scott P. Wojcik, 2011AP2568-CR, District 2, 3/21/12
court of appeals decision (1-judge, not for publication); for Wojcik: Christopher Lee Wiesmueller; case activity
90-day jail sentence for OWI-2nd (minimum 0f 5 days, maximum of 6 months) upheld as proper exercise of discretion. Trial court considered as aggravators recentness of prior OWI conviction (2008) and his seeming level of impairment (stumbled on getting out of car); and stressed deterrent purpose of sentence.
OWI – Repeater – Collateral Attack
State v. Traci L. Scott, 2011AP2115-CR, District 2, 3/21/12
court of appeals decision (1-judge, not for publication); for Scott: Rex Anderegg; case activity
The court rejects Scott’s challenge to a prior OWI conviction, concluding that she aware of the range of punishments, dangers of self-representation, etc. General test recited:
¶2 A defendant facing an enhanced sentence based on a prior conviction may only collaterally attack that prior conviction based on the denial of the constitutional right to counsel.
OWI – Operating in Parking Lot: “Held Out to the Public for Use,” § 346.61
State v. Heidi L. Fleischmann, 2011AP2558-CR, District 3, 3/20/12
court of appeals decision (1-judge, not for publication); for Fleischmann: Sarvan Singh; case activity
The State satisfied its burden of proving that Fleischmann operation of a motor vehicle, in a parking lot adjacent to an empty business building, was on “premises held out to the public for use of their motor vehicles,” § 346.61.
¶8 Whether a premises is held out to the public depends on the owner’s intent.
Open Records / Public Access to Court Records: Treatment Records, Generally – NGI Conditional Release Plan; Appellate Procedure: “Aggrieved Party” Right to Appeal
In the matter of State of Wisconsin v. Bryan J. Stanley: La Crosse Tribune v. Circuit Court for La Crosse County, 2012 WI App 42 (recommended for publication); case activity
Open Records / Public Access to Court Records – Treatment Records, Generally
(Discussion with respect to newspaper’s Open Records request for information contained in NGI conditional release plan:)
¶25 While this is a criminal commitment case following an NGI finding under Wis.
Appellate Procedure: Traffic Forfeiture or Municipal Ordinance Appeal – Circuit Court Docket Entries Tantamount to Final Order
Village of McFarland v. Jennifer M. Zetzman, 2012 WI App 49 (recommended for publication); case activity
Appeal to the court of appeals of a municipal ordinance or traffic forfeiture disposition may be based on the circuit court docket entries instead of a written final order, whether the case originated in municipal or circuit court:
¶2 In this case, Jennifer Zetzman was convicted in municipal court of operating a motor vehicle while intoxicated and with a prohibited blood alcohol concentration.
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,