On Point: 46. WI Court of Appeals

State v. Alexandrea C.E. Throndson, 2020AP1081-CR, District 4, 7/15/21 (not recommended for publication); case activity (including briefs)

Throndson raises two due process challenges to her sentencing: that the judge relied on inaccurate information and was objectively based. The court of appeals rejects both.

Outagamie County DHHS v. M.D.H., 2020AP86, District 3, 7/13/21 (one-judge decision; ineligible for publication); case activity

The evidence at M.D.H.’s final commitment hearing proved he was dangerous under § 51.20(1)(a)2.d.

B.W. v. S.H., 2021AP43 & 2021AP44, District 3, 6/29/21 (one-judge decision; ineligible for publication); case activity

Under the facts of this case, terminating S.H.’s parental rights on continuing denial of physical placement grounds under § 48.415(4) violated his right to substantive due process because his indigency precluded him for seeking changes in the physical placement order.

State v. David Wayne Ross, 2020AP261, 6/29/21, District 1 (not recommended for publication); case activity (including briefs)

Over a dissent, the court of appeals holds that, even if Ross is right that his trial lawyer performed deficiently in certain respects, Ross’s defense wasn’t prejudiced.

State v. Salar Zangana, 2020AP1228-CR, District 1, 6/29/21 (one-judge decision; ineligible for appeal); case activity (including briefs)

At his trial on battery and disorderly conduct charges, Zangana tried to introduce a text message he received that purported to be an apology one of the complaining witnesses. (¶¶2-4). The message was properly excluded as hearsay and evidence about what the message meant was inadmissible because it involved privileged communication between spouses.

Marathon County v. T.A.T., 2019AP1709, District 3, 6/29/21 (one-judge decision; ineligible for publication); case activity

The testimony of the the three witnesses called by the County provided sufficient evidence to support the court’s finding that T.A.T. (“Travis”) was dangerous under § 51.20(1)(a)2.a.

State v. Larry A. Brown, 2021AP12-CR, District 1, 6/29/21 (one-judge decision; ineligible for publication); case activity (including briefs)

Brown was charged with theft by embezzlement and accepted a deferred prosecution agreement for the charge. He subsequently picked up new charges of THC possession and carryng a concealed weapon, for which he was given probation. That of course led to revocation of the DPA and sentencing on the theft. Brown asked for expunction of the theft conviction, which the circuit court denied. It properly exercised its discretion in doing so.

State v. Juan J. Castillo, 2020AP983, 6/29/21, District 3 (not recommended for publication); case activity (including briefs)

Castillo was tried for the alleged sexual assault of his five-year-old cousin when he was sixteen. He wished to call an expert to testify about the factors that can affect the reliability of a child’s allegations of assault; the circuit court disallowed this testimony. The court of appeals upholds the circuit court’s ruling on that matter, concluding that the testimony didn’t “fit” the facts of this case. But the court does order a new trial, holding the circuit court should have granted the mistrial Castillo requested after the now-8-year-old alleged victim “blurted out” on the stand that Castillo had assaulted three other girls, and after his sister gave testimony suggesting he was incarcerated at the time of trial.

State v. Charles L. Neevel, 2021AP36, 7/1/21, District 4 (one-judge decision ineligible for publication) case activity (including briefs)

Neevel was arrested on suspicion of drunk driving. The officer read him the implied consent “informing the accused” form, and Neevel agreed to a blood draw. He moved to suppress, lost, and pleaded no contest to OWI. On appeal, he renews the argument he made in trial court: that the officer should instead have ordered a less intrusive test, such as a breath test. (The officer did, in reading the form, tell Neevel he could have an alternative in addition to the blood draw; Neevel’s contention is that he should have been offered a different test instead of the blood draw.)

State v. Michael James Brehm, 2020AP266, 6/29/21, District 1 (not recommended for publication); case activity

Brehm was arrested after a neighbor called 911 to report that he was firing a gun out his window into the air. Police recovered a gun and Brehm admitted to the shooting. He eventually pleaded guilty to being a felon in possession of a firearm.