On Point blog, page 32 of 485
COA says owner’s girlfriend had apparent authority to allow police entry into cabin
State v. Richard Chad Quinlan, 2022AP1855-1857, 8/17/2023, District 4 (one-judge decision; ineligible for publication) case activity (including briefs)
Two DNR wardens suspected Quinlan had been engaging in some illegal hunting practices. They approached his cabin in plain clothes and in an unmarked truck. Quinlan’s mother was outside; the wardens identified themselves and said they wanted to talk to Quinlan. The mother said he was home and pointed to the cabin. When the wardens knocked on the door Quinlan’s girlfriend, who one warden recognized, responded “yeah” when asked if they could come in. Within three seconds Quinlan, who was inside, also said it was alright for the wardens to be there. The wardens left after some conversation and Quinlan was eventually cited for violations.
COA affirms another medication order by rejecting “reasonable explanation” arguments; continues to propagate uncertainty in our law
Winnebago County v. P.D.G., 2022AP2005, District II, 8/16/23, 1-judge decision ineligible for publication; case activity (briefs not available)
In yet another appeal of a medication order attacking the sufficiency of the evidence as to the statute’s requirement that the person receive a “reasonable” or “adequate” explanation of, among other things, the advantages and disadvantages of proposed medication, COA once again affirms in a decision highlighting uncertainty in our law.
In assault case alleging accosting woman in vehicle, COA holds similar incident the same day admissible other acts
State v. Jose A. Arevalo-Viera, 2021AP1937, 7/25/23, District 1 (not recommended for publication); case activity (including briefs)
In a case alleging a disturbing sexual assault, the court of appeals exercises a deferential standard of review to uphold the lower court’s decision to admit other-acts evidence regarding an alleged attempted assault occurring on the same day.
Lack of developed argument as to why “direct evidence” from foster parents should be required at a TPR dispositional hearing dooms appeal
Dane County DHS v. S.M., 2023AP607, 6/8/23, District 4 (one-judge decision; ineligible for publication); case activity (briefs not available).
In an appeal challenging the circuit court’s decision to terminate S.M.’s parental rights, the court of appeals concludes the court did not need to receive “direct evidence” from the proposed adoptive parents before exercising its discretion and entering a termination order.
“Knock-and-talk” investigative technique and emergency aid exception save warrantless home entry
State v. Roger James Gollon, 2023AP86-CR, District 4, 7/27/23 (one-judge decision; ineligible for publication); case activity (including briefs)
Gollon moved to suppress evidence police obtained after they entered his home without a warrant. The trouble, the court of appeals holds, with Gollon’s claim is that police utlized an accepted “knock-and-talk” investigating technique to gain entry to the curtilage of Gollon’s home and that “all remaining challenged conduct” was excused by the “emergency aid” exception to the Fourth Amendment.
Circuit court reasonably exercised its discretion in ordering default judgment; terminating parent’s rights
State of Wisconsin v. M.S.H., 2023AP692, District I, 8/1/23, 1-judge decision ineligible for publication; case activity (briefs not available)
A parent’s non-cooperation with an involuntary TPR leads to a default judgment and, despite some compelling arguments, COA rejects her invitation to reweigh the dispositional evidence and reverse the order terminating her parental rights.
COA affirms circuit court in an opinion generating more uncertainty about appellate challenges to Chapter 51 medication orders
Winnebago County v. D.E.W., 2023AP215, District II, 7/26/23, 1-judge decision ineligible for publication; petition for review granted 12/12/23; dismissed as improvidently granted 5/14/24 case activity (briefs not available)
In yet another appeal of a medication order, COA concludes the County sufficiently cleared legal hurdles meant to protect citizens from the involuntary administration of psychotropic drugs.
Purported lack of prejudice dooms constitutional speedy trial claim
State v. Ned Guerra, 2022AP2098-CR, 7/19/23, District 2 (1-judge decision; not eligible for publication); case activity (including briefs)
Twenty-0ne months passed between the filing of the criminal complaint and Guerra’s trial. The delay was caused by a state’s witness’ temporary unavailability and the circuit court’s COVID-based backlog of higher-priority trials. While Guerra clearly asserted his right to a speedy trial, the court affirms the circuit court’s denial of Guerra’s motion to dismiss because “there is no evidence that Guerra was prejudiced by the delay.” Opinion, ¶23.
COA applies L.X.D.-O. and affirms involuntary commitment
Racine County v. P.J.L, 2023AP254, District 2, 7/19/23, 1-judge decision ineligible for publication; case activity (briefs not available)
In Outagamie County v. L.X.D.-O., 2023 WI App 17, ¶36, 407 Wis. 2d 518, 991 N.W.2d 518 (PFR denied), the court of appeals rejected a sufficiency challenge to an involuntary medication order and held that an examiner’s report need not be entered into evidence in order for the circuit court to consider the information contained therein. Now, the court extends L.X.D.-O. to an initial commitment order itself under the same rationale. Opinion, ¶20 n.6.
Officer substantially complied with the “Informing the Accused” statute
State v. Danial Christopher Wheaton, 2022AP2082-CR, District 4, 7/27/23 (one-judge decision; ineligible for publication); case activity (including briefs)
The officer who arrested Wheaton for OWI flubbed the first clause of the first sentence of the “Informing the Accused” script set out in § 343.305(4), but still substantially complied with the statute.