On Point: 46. WI Court of Appeals

State v. L.M., 2021AP970, District 1, 9/8/21 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in denying L.M.’s motion to vacate the default judgment entered against her in this TPR case.

Shawano County v. S.L.V., 2021AP223, District 3, 8/17/21 (one-judge decision; ineligible for publication); case activity

Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, requires a circuit court to make specific fact findings about dangerousness at a ch. 51 commitment hearing. The circuit court didn’t do that in this case, so the commitment order is reversed.

On August 25, 2021, the court of appeals ordered publication of the following criminal law related decisions:

State v. Oscar C. Thomas, 2021 WI App 55 (rejecting challenges to conviction based on Confrontation Clause violation, corroboration of confession issue, and biased juror claim).

State v. Avery B. Thomas, 2021 WI App 59 (defendant entitled to credit for time in custody on federal supervision hold due to Wisconsin criminal case conduct).

State v. Joel R. Davis, 2021 WI App 65; case activity (including briefs)

A police officer stopped Davis’s car in the early evening. He initially said it was because Davis lacked a passenger-side mirror. But it turns out that’s not illegal. Wis. Stat. § 347.40. So the next day–and despite having failed to mention it to the other officers at the stop, which was video recorded–he “updated” his report to say that actually, he’d stopped Davis for a seatbelt violation. But the body-cam video shows that Davis’s seatbelt was fastened when the officer initially approached the car.

State v. John William Lane, 2021AP327, 8/19/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

An officer saw Lane departing a bar around 2:10 in the morning. He followed him in his squad car and eventually pulled him over, and eventually arrested him for OWI. The tailing and the stop were recorded on the squad car’s camera. The circuit court concluded the officer’s observations didn’t create reasonable suspicion for the stop, and the court of appeals now affirms.

State v. Caleb James Watson, 2021AP355-CR, District 2, 8/25/21 (one-judge decision; ineligible for publication); case activity (including briefs)

Taking Watson to a local police station to perform field sobriety tests (FSTs) wasn’t unreasonable and thus didn’t violate the Fourth Amendment.

State v. Derek V. Schroth, 2021AP733, District 2, 8/25/21 (one-judge decision; ineligible for publication); case activity (including briefs)

Schroth challenges the probable cause to arrest him for OWI and the finding that he refused a blood draw. There were ample facts for probable cause. (¶¶3-8, 13-15). And though the arresting officer couldn’t recall whether Schroth said “no” or “something else” when asked to submit to a blood draw,

State v. Jeremy J. Deen, 2020AP1399, 8/24/21, District 3 (not recommended for publication); case activity (including briefs)

Police received a tip that an IP address associated with Deen’s home had uploaded child pornography. They went to the home and Deen let them in. While inside, officers noted Deen was carrying a knife, so they frisked him, which turned up a cell phone. In response to officers’ questions about child porn, Deen made some equivocal statements about whether there might be any on the phone, and the officers took it. The court of appeals holds that the possibility that Deen would hide or destroy the phone or delete the images it might contain supplied sufficient exigent circumstances that the police could seize it without a warrant.

State v. James A. Carroll, Jr., 2021AP375, 8/26/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Carroll was charged with second-degree sexual assault; he ultimately took a deal and pleaded to fourth-degree. The circuit court required him to register as a sex offender for 15 years after the end of his supervision. The court of appeals rejects Carroll’s claims that his counsel’s deficiencies led to the plea, and that new factors justified modifying his sentence to remove the registration requirement.

State v. Angelina Hansen, 2019AP1105, 7/27/21, District 3 (not recommended for publication); case activity (including briefs)

Hansen’s triplet fourth-graders were in the legal custody of their father; he also had primary physical placement of the children. The family court’s order provided that she was to have “supervised placement only” with certain conditions, for two to four hours per week. One day, Ms. Hansen went to the lunch room of the school the children attended and sat with them while they ate. She said wanted to “hug them and tell them [she] loved them.” The court of appeals now holds that this conduct was an unlawful exercise of “physical placement” over the children, such that Ms. Hansen’s conviction for contempt of the family court order stands.