On Point: 46. WI Court of Appeals

State v. Blair T. Davis, 2011AP320,District 2, 6/22/11

court of appeals decision (1-judge, not for publication); for Davis: Daniel J. Posanski; case activity

Arrest by campus policeman, outside his jurisdiction, was justifiable under either citizen’s arrest, or fresh pursuit, doctrines.

¶5        The fresh pursuit doctrine states that any Wisconsin peace officer may pursue and arrest a suspect “anywhere in the state” for a violation of any law or ordinance that the officer is authorized to enforce as long as the officer is in “fresh pursuit.”  Wis.

State v. Leroy M. Godard, 2010AP1731-CR, District 2, 6/22/11

court of appeals decision (not recommended for publication); for Godard: Rick B. Meier; case activity

Counsel’s failure to listen to police recordings of the interrogations of Godard’s accomplices, even if deficient, wasn’t prejudicial.

¶15      The postconviction motion hearing testimony shows that Godard’s case was not weakened without the line of questioning from the recordings.  At trial,

State v. Alan Adin Randall, 2011 WI App 102 (recommended for publication); for Randall: Brian Kinstler, Craig S. Powell; case activity; prior history: State v. Randall, 192 Wis. 2d 800, 532 N.W.2d 94 (1995) (“Randall I”); State v. Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct.

State v. Albert M. Virsnieks, 2010AP1967, District 2 / 1, 6/21/11

court of appeals decision (not recommended for publication); pro se; case activity

Virsnieks’ plea-based conviction for burglary supported  ch. 980 commitment.

¶35      A Wis. Stat. ch. 980 petition must allege, among other things, that a “person has been convicted of a sexually violent offense.”[5] Wis. Stat. § 980.02(2)(a)1.  A “[s]exually violent offense” is defined,

State v. Omar F. Ofarril-Valez, 2010AP3109-CR, District 1, 6/21/11

court of appeals decision (1-judge, not for publication); for Ofarril-Velez: Dustin C. Haskell, SPD, Milwaukee Appellate; case activity

The court marshals “nine indicia of impairment” to support its conclusion of probable cause to arrest: time (2:30 a.m.); driving 3-4 miles over posted limit; “light odor” of alcohol; admission of drinking 1 beer; glassy eyes; difficulty complying with instructions;

State v. Beverly H., 2011AP536, District 1, 6/21/11

court of appeals decision (1-judge, not for publication); for Beverly H.: Jeffrey W. Jensen; case activity

The trial court didn’t err in denying the parent’s request for an adjournment of dispositional hearing, following jury verdict finding grounds to terminate. The court of appeals rejects the argument that § 48.31(7)(a) controls the issue.

¶2        This Court disagrees with Beverly H.’s arguments on appeal. 

State v. Rodney A. Larson, 2011 WI App 106 (recommended for publication); for Larson: Chris Gramstrup; case activity

Prosecution for attempt rather than completed crime, §939.32, comes within the general limitation period in § 939.74(1). Therefore, although prosecution for homicide may be commenced at any time, § 939.74(2)(a), Larson’s prosecution for attempted first-degree intentional homicide had to be commenced within 6 years, and must be dismissed as untimely.

Sheboygan County DH&HS v. Wesley M., No. 2010AP2946, District 2, 6/15/11

court of appeals decision (1-judge, not for publication); for Wesley M.: Leonard D. Kachinsky; case activity

¶7        A parent is entitled to the effective assistance of counsel in termination of parental rights proceedings, and the applicable standards are those which apply in criminal cases.  See A.S. v. State, 168 Wis.

Harlan Richards v. Graham, 2011 WI App 100(recommended for publication); for Richards: Kendall W. Harrison, Jennifer L. Gregor; case activity

Mootness Doctrine

Challenge to Parole Commission decision to increase deferment period from 10 to 12 months, and to Program Review Committee decision to increase security status, not rendered moot by subsequent parole and program hearings.

¶11      An issue is moot when a party seeks a determination that will have no practical effect on an existing legal controversy. 

State v. Anthony M. S., 2010AP1669, District 4, 6/9/11

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

The State sought to prove that the pills Anthony M.S. possessed were a non-narcotic controlled substance (Adderall), § 961.41(3g), through the testimony of the Osseo Police Chief that the website Drugs.com established the pills’ identity. The trial court found Anthony M.S.