On Point: 46. WI Court of Appeals

State v. Malcolm L., 2011AP714, District 2, 10/12/11

court of appeals decision (1-judge, not for publication); for Malcolm L.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

Juvenile courts have authority to stay sex offender registration, § 938.34(16), and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. Here, the trial court erroneously failed to exercise discretion on Malcolm’s request for such a stay.

State v. Thomas C. Niesen, 2010AP1864-CR, District 2, 10/5/11

court of appeals decision (not recommended for publication); for Niesen: James A. Rebholz; case activity

Evidence held sufficient to sustain conviction § 940.01(1), court rejecting argument that State failed to prove that Niesen inflicted the fatal knife wound. (Niesen made certain damaging admissions; he met the description of the man last seen with the victim; his sperm was found in the ¶¶2-21.

State v. Timothy J. K., 2011AP1091, District 2, 10/5/11

court of appeals decision (1-judge, not for publication); for Timothy J.K.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

The trial court’s requirement of sex offender registration, § 301.45(1m)(d)(1), is upheld against an argument that the court misconstrued an expert’s recommendation of no registration.

¶9        Timothy fails to clear the first hurdle of the Tiepelman standard.  

State v. Cindy R. Billips, 2009AP2493-CR, District 2, 10/5/11

court of appeals decision (1-judge, not for publication); for Billips: Timothy R. Muth, Amy Lynn MacArdy; case activity

Following OWI arrest supported by probable cause, the officer was authorized to search the vehicle for evidence relevant to the OWI arrest:

¶9        Here, it was reasonable for Kinservik to believe that further evidence related to Billips’ OWI arrest might be found in the vehicle.  

State v. Anastasia S., 2011AP1423 / State v. Lemar T., 2011AP1403, District 1, 10/4/11

court of appeals decision (1-judge, not for publication); for Anastasia S.: Kevin M. Long, Brandon Gutschow; case activity; for Lemar T.: Jane S. Earle; case activity

¶18      “Grounds for termination [of parental rights] must be proven by clear and convincing evidence.”  Ann M.M. v. Rob S.,

State v. Rodney D. Johnson, 2010AP2470-CR, District 1, 10/4/11

court of appeals decision (not recommended for publication); for Johnson: Richard L. Kaiser; case activity

Acting on a drug tip, police targeted Johnson, and saw him driving a car with a cracked windshield. After Johnson got out of the car, the officers approached, and “asked” to talk to him, but he walked away. The officers then “asked” him to take his hands out of his pocket,

State v. Brian K. Avery, 2011 WI App 148 (recommended for publication), supreme court review granted, 2/23/12; for Avery: Keith A. Findley; case activity; prior 974.06 appeal: 2008AP500-CR; direct appeal: 1997AP317

Newly Discovered Evidence – New Forensic  Method – Photogrammetric Analysis 

Expert photogrammetric opinion, derived from video enhancement technology (“VISAR”) not commercially available until after Avery’s trial,

J. K. v. Mark Peters, 2011 WI App 149 (recommended for publication); case activity

Appellate Procedure – “Waiver,” Distinguished from “Forfeiture” 

¶1 n. 1:

In using the term “waiver,” we are aware of the recently decided case of State v. Ndina, 2009 WI 21, 315 Wis. 2d 653, 761 N.W.2d 612, where our supreme court clarified the distinction between the terms “forfeiture” and “waiver.”  See id.

State v. Carlos G. Comas, 2010AP2687-CR, District 4, 9/29/11

court of appeals decision (not recommended for publication); for Comas: Steven D. Grunder, SPD, Madison Appellate; case activity

Although Comas was charged with § 948.025(1)(a), repeated sexual assault of the same child by acts of sexual intercourse, the case was in effect tried under § 948.025(1)(ar) ,which requires acts of sexual intercourse or contact. Comas received a confinement term of 25 years,

court of appeals publication orders, 9/28/11

On Point posts from this list:

2011 WI App 123 DOC v. Warren Lilly, Jr.

2011 WI App 124 State v. Steven A. Avery

2011 WI App 125 State v. Paschall Lee Sanders

2011 WI App 127 State v. James G. Brereton

2011 WI App 129 State v.