On Point: 46. WI Court of Appeals

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court of appeals decision (1-judge, not for publication); for Donald: Thomas K. Voss; case activity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.  

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.  

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.”).

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court of appeals decision (1-judge, not for publication); for Nathan W.: Martha K. Askins, SPD, Madison Appellate; case activity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,

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court of appeals decision (1-judge, not for publication); for Holan: Martha K. Askins; case activity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:

¶10      Holan’s reliance on Rachwal and Goldstein is misplaced.  

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.

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.

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,

Manitowoc County v. Harlan H., 2011AP2499-FT, District 2, 1/25/12

court of appeals decision (1-judge, not for publication); for Harlan H.: Shelley Fite, SPD, Madison Appellate; case activity

Evidence that Harlan had put his wife in a headlock on one occasion and physically resisted a deputy’s attempt to detain him another, coupled with a diagnosis of paranoid schizophrenia, held sufficient to support ch. 51 commitment.

¶6        Wisconsin Stat. 

State v. James Lee Johnson, 2012 WI App 21 (recommended for publication); for Johnson: Melinda A. Swartz, SPD, Milwaukee Appellate; case activity

The guilty plea colloquy was defective, in that it failed to advise Johnson that the trial court wasn’t obliged to follow the terms of the plea bargain (here: to dismiss and read-in a count), contrary to State v. Hampton,