On Point blog, page 41 of 485
Defense Win! COA upholds suppression of evidence obtained from defendant’s Dropbox account
State v. Steven W. Bowers, 2023 WI App 4; case activity (including briefs)
In this important decision addressing a novel Fourth Amendment issue, the court of appeals holds that Bowers had a reasonable expectation of privacy in the contents of his Dropbox account, despite the fact he (1) used his work email address to create the account and (2) uploaded case files and shared them without permission. (Opinion, ¶43). The court further holds that although investigators had probable cause to search the account for evidence of Bowers’ alleged crime, no exigent circumstances justified the warrantless search. (¶3).
Defense win: Defendant entitled to withdraw plea on count for which the circuit court failed to explain elements
State v. Damon D. Taylor, 2021AP272-CR, District 4, 12/30/22 (not recommended for publication); case activity (including briefs)
Taylor moved to withdraw his Alford pleas to three crimes. The court of appeals agrees his plea to one of the three crimes was not knowing and intelligent because the circuit court failed to ascertain that he understood the elements of the offense.
Evidence sufficient for initial commitment under 4th standard
Marathon County v. L.A.R., 2022AP1226-FT, 12/29/22, District 3 (one-judge opinion; ineligible for publication); case activity
“Laura” has suffered from bipolar disorder for over 30 years. At her initial commitment hearing, one examiner testified that she met the 2nd standard of dangerousness. Another testified that she also met the 4th standard. The circuit court held that Laura satisfied only the latter standard. The court of appeals affirmed.
Partial summary judgment in TPR case affirmed
C.K. and A.K. v. K.L., 2022AP1289, District 4, 12/22/22 (one-judge decision; ineligible for publication); case activity
The circuit court didn’t err in granting partial summary judgment on the termination of parental rights petition filed against K.L. by C.K. and A.K., the grandparents and guardians of K.L.’s daughter B.K., because there were no genuine issues of material facts as to whether K.L. established a good cause defense to the ground of abandonment alleged in the petition.
December 2022 publication order
On December 21, 2022, the court of appeals ordered the publication of the following criminal law related decisions:
Defendant failed to make timely jury demand in OWI 1st case
Washington County v. Justin David Dettmering, 2022AP941, District 2, 12/21/22 (one-judge decision; ineligible for publication); case activity (including briefs)
Dettmering didn’t demand a jury within the time indicated on the citation he was issued for OWI 1st, but he later claimed he should get a jury because he wasn’t advised of his right to a jury at his first court appearance as required by § 345.34(1). The court of appeals rejects his claim.
Waiver of juvenile court jurisdiction affirmed
State v. C.W.P., 2022AP1240 & 2022AP1317, District 2, 12/14/22 (one-judge decision; ineligible for publication); case activity (2022AP1240; 2022AP1317)
The state filed two juvenile delinquency petitions regarding C.W.P. and petitioned for waiver of juvenile jurisdiction in both cases. The circuit court held joint waiver hearings after which it granted waiver. The court of appeals rejects C.W.P.’s challenges to the circuit court’s decision.
COA says open container, odor of intoxicants, possession of weed were reasonable suspicion for OWI investigation
State v. Nicholas A. Conger, 2022AP844, 12/14/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
A cop stopped Conger’s vehicle for a broken high-mounted stop lamp. On approaching the vehicle, the officer would testify, he smelled intoxicants. He asked Conger what he was smelling, to which Conger replied “Probably the pot.” Conger then turned over a small amount of cannabis and an open can of Mike’s Hard Lemonade to the officer. He also said he’d had some alcohol. The officer asked Conger to perform field sobriety tests; Conger agreed and was ultimately arrested for, charged with, and convicted of operating with a detectable amount of a restricted controlled substance in his blood.
COA affirms 5th standard recommitment despite “sparse” record
Winnebago County v. C.L.S., 2022AP1155-FT, 12/14/22, District 2, (1-judge opinion, ineligible for publication); case activity
C.L.S. sought reversal of his recommitment under §51.20(1)(a)2.e arguing that the county’s evidence of dangerousness was insufficient, and the circuit court failed to make the findings required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277. The court of appeals rejected both arguments. But if its description of the examiner’s testimony is accurate, C.L.S. should have, at the very least, won on insufficient evidence.
Pretrial delay did not violate defendant’s right to speedy trial
State v. Benjamin G. Churley, 2022AP189-CR, District 4, 12/8/22 (one-judge decision; ineligible for publication); case activity (including briefs)
The 35-month delay in Churley’s case did not violate his constitutional right to a speedy trial.