On Point: 46. WI Court of Appeals

State v. Guadalupe Jose Rivas, 2010AP2777-CR, District 1, 9/13/11

court of appeals decision (not recommended for publication); for Rivas: George Tauscheck; case activity

¶5        Rivas argues that four instances of inaccurate information mentioned by the trial court at his sentencing require resentencing:  (1) the trial court believed that Rivas had five prior felonies when he had only four; (2) the trial court mischaracterized Rivas as a drug dealer;

Managed Health Services Insurance Corp. v. Wisconsin DHS, 2010AP2551, District 1, 9/7/11

court of appeals decision (recommended for publication ); case activity

Managed Health’s appeal related to contract procurement is dismissed as moot; because of failure to seek a stay of the trial court’s order allowing the process to continue, the contracts have already been let, and therefore even if Managed Health were to prevail, no remedy could be awarded.

Rock County HSD v. Jennifer B., 2011AP1524, District 4, 9/8/11

court of appeals decision (1-judge, not for publication); for Jennifer B.: Gina Frances Bosben; case activity

Evidence of the child’s diagnoses (ADHD; PTSD) was relevant to the main issue in contention, and was not unduly prejudicial, hence was admissible in the grounds phase of the TPR trial.

¶15      The question for the jury was whether there was a substantial likelihood that Jennifer would not “meet the child’s physical,

State v. Carl Mills, 2010AP1746-CR, District 1, 9/7/11

court of appeals decision (not recommended for publication); for Mills: Randall E. Paulson, SPD, Milwaukee Appellate; case activity

Trail counsel was not ineffective for failing to object to jury instructions and verdict forms with respect to unanimity on multiple counts of sexual assault of a single victim, even though the verdict forms did not specify the types of sexual intercourse involved; 

State v. Andrew W. Rosenthal, 2011AP828-CR, District 3, 9/7/11

court of appeals decision (1-judge, not for publication); for Rosenthal: Erica L. Bauer; case activity

Reasonable suspicion supported stop of car, at 2:30 a.m., in isolated area which was site of frequent break-ins; State v. Young, 212 Wis. 2d 47, 569 N.W.2d 84 (Ct. App. 1997), distinguished:

¶14      Here, conversely, we conclude that Rosenthal’s conduct does not describe the conduct of a large number of innocent persons.  

Kenosha County DHS v. Amber D., 2011AP667, District 2, 9/7/11

court of appeals decision (1-judge, not for publication); for Amber D.: Philip J, Brehm; case activity

Mother’s termination appeal, explicitly linking itself to outcome of father’s then-pending appeal, rendered moot by latter’s unsuccessful outcome:

¶1        Amber D. appeals from an order terminating her parental rights.  At the time that she wrote her brief, the father’s appeal was pending.

State v. Lakesha M., 2011AP1280, District 1, 9/7/11

court of appeals decision (1-judge, not for publication); for Lakesha M.: Carl W. Chessir; case activity

Termination of parental rights affirmed, court rejecting argument that procedural requirements of §§ 48.422(8) & 48.422(9)(a) (where petition not brought by agency, court “shall” order parent to provide certain information) violated:

¶5        The Bureau of Milwaukee Child Welfare did not file the petitions here.  

State v. Courtney C. Beamon, 2011 WI App 131 (recommended for publication); for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; petition for review granted, 4/25/12

Fleeing, § 346.04(3) – Elements 

¶4        ….  In State v. Sterzinger, 2002 WI App 171, ¶9, 256 Wis. 2d 925, 649 N.W.2d 677, this court separated the language of § 346.04(3) into segments:  (1) No operator of a vehicle,

State v. Devon L. Bean, 2011 WI App 129 (recommended for publication); for Bean: Scott D. Obernberger; case activity

Sew-up Confession 

The fourth interrogation of Bean within a 60-hour period following his arrest did not, under the particular facts, amount to an impermissible “sew-up” confession.

General principles. The question, in brief, is whether the time between arrest and formal charge was “inordinate.”

State v. William M. Hart, 2011AP582, District 1, 8/30/11

court of appeals decision (1-judge, not for publication); for Hart: Craig S. Powell; case activity

Although a (DOT-prepared) blood alcohol chart is admissible without expert testimony, State v. Hinz, 121 Wis. 2d 282, 284–85, 360 N.W.2d 56 (Ct. App. 1984), nonethless, “the proponent must lay the proper foundation for the evidence, and the burden does not shift to the opponent unless the proponent does so,”