On Point blog, page 86 of 485
Tip, observations provided reasonable suspicion for traffic stop
State v. Michael Thomas Martell, 2019AP927-CR, District 3, 7/21/20 (one-judge decision; ineligible for publication); case activity (including briefs)
An officer located and started following Martell’s SUV after getting dispatchers relayed a tip describing a vehicle driving erratically. What the officer saw provided reasonable suspicion for a traffic stop.
True threat instruction wasn’t needed at this disorderly conduct jury trial
State v. Joseph K. Edwards, 2019AP2138-CR, District 1, 7/21/20 (one-judge decision; ineligible for publication); case activity (including briefs)
Edwards was charged with disorderly conduct with use of a dangerous weapon for “creepy, stalker-like behavior.” (¶6). The court of appeals rejects his complaint that the jury wasn’t instructed on the definition of “true threat” under State v. Perkins, 2001 WI 46, 243 Wis. 2d 141, 626 N.W.2d 762.
COA holds exigency justified warrantless blood draw
State v. Yancy Kevin Dieter, 2020 WI App 49; case activity (including briefs)
Dieter called 911 at about 6 in the morning and reported that he’d crashed his car after drinking at a bar. The crash happened about four hours before Dieter made the call; he was badly injured and the car’s other occupant was killed.
COA: Mother’s CHIPS petition properly granted
State v. M.A., 2019AP1089, 7/14/20, District 1 (one-judge decision; ineligible for publication); case activity
M.A.’s son J.A. was the subject of several delinquency petitions; each was converted to a JIPS proceeding because J.A. was not competent. See Wis. Stat. § 938.13(14). Eventually, M.A. filed a CHIPS petition in an apparent attempt to alter the constellation of services available to J.A. The state fought the petition and lost, and continued its fight on appeal. Per the court, though the state alleges five different errors, they all generally boil down to the same argument–that M.A. didn’t identify any particular services a CHIPS finding would provide that were not already available to her. The court rejects all five flavors of the state’s complaint and affirms the circuit court’s grant of the petition.
COA gives lengthy gloss on Mitchell v. Wisconsin, affirms conviction
State v. Donnie Gene Richards, 2020 WI App 48; case activity (including briefs)
Richards was found lapsing in and out of consciousness and severely injured behind the wheel of a crashed vehicle. There was evidence he was intoxicated, and he would soon be transported to a distant hospital by helicopter. Believing there wasn’t enough time to get a warrant by this time, the officer on scene requested that Richards’s blood be drawn before the flight, and it was.
Defense win: state breached plea by asking for more prison than it had agreed to
State v. Desmond Myers LaPean, 2019AP1448, 7/14/20, District 3 (not recommended for publication); case activity (including briefs)
LaPean pleaded to a sexual assault of a child with an agreement that the state would cap its recommendation at 10 years of initial confinement and 10 of extended supervision. But at sentencing, the state first recommended 12 and 12. After defense counsel’s objection, the state instead requested 10 and 14. Counsel didn’t notice the second breach, but the prosecutor eventually did, telling the court the agreement was for 10 and 10. The court gave 12 and 10.
Seizure of cell phone was lawful; admission of other acts evidence was appropriate
State v. Samuel L. Nichols, Jr., 2019AP802-CR, District 4, 7/16/20 (not recommended for publication); case activity (including briefs)
Nichols was charged with capturing images of nudity without consent and sexual assault. He argues the police didn’t have probable cause to seize his cell phone and therefore the images they found on it must be suppressed. He also asserts other-acts evidence was erroneously admitted at his trial. The court of appeals rejects both claims.
Expert testimony provided sufficient evidence of dangerousness at ch. 51 extension hearing
Fond du Lac County v. S.N.W., 2020AP274-FT, District 2, 7/15/20 (one-judge decision; ineligible for publication), petition for review granted 11/19/20; case activity
The testimony of the county’s expert provided sufficient evidence of dangerousness under § 51.20(1)(a)2.b. and (1)(am).
Challenges to TPR rejected
Racine County HSD v. S.M.F., 2019AP2346 & 2019AP2347, District 2, 7/15/20 (one-judge decision; ineligible for publication); case activity
S.M.F.’s challenges the order terminating her parental rights, alleging trial counsel was ineffective and that the circuit court should have granted her mistrial motion. The court of appeals affirms.
Defense win in unusual self-defense homicide case
State v. Alan M. Johnson, 2020 WI App 50, state’s petition for review granted, 9/16/20, affirmed in part, reversed in part, 2021 WI 61; case activity (including briefs)
Johnson killed his brother-in-law, K.M., while he was in K.M.’s house, uninvited, to look to see whether K.M. had child porn on his computer. The court of appeals orders a new trial for Johnson because the trial court erred in denying Johnson’s perfect self-defense instruction and lesser-included offense instruction and in excluding evidence that there was, in fact, child porn on K.M.’s computer.