On Point: 46. WI Court of Appeals

State v. Tammy Genevieve Hardenburg, 2019AP1399-CR, 5/27/20, District 1; case activity (including briefs)

At Hardenburg’s OWI trial, the court admitted three blood test reports by three different analysts, but only one of them testified. Hardenburg argued that the testifying analyst served as a conduit for the opinions by the other two in violation of the confrontation clause. She claimed trial counsel was ineffective for not (a) trying to prevent the admission of the second and third analysts’ conclusions, and (b) objecting to the first analyst’s testimony about their conclusions. The circuit court denied Hardenburg’s motion without a hearing. The court of appeals reversed:

State v. Adam W. Vice, 2020 WI App 34, petition for review granted 8/30/20, reversed, 2021 WI 63; case activity (including briefs)

This is a “recommended for publication”, split court of appeals opinion where the State lost in a child sexual assault case. In other words the State will surely petition for review, and SCOW will take it. Applying State v. Davis, 2008 WI 71, 310 Wis. 2d 583, 751 N.W.2d 332, the majority held that the defendant’s polygraph test and the confession were two discrete events, but based on the facts of this case, the confession was involuntary. The dissent by Judge Hruz would hold the confession voluntary.

State v. Troy R. Lasecki, 2020 WI App 36; case activity (including briefs)

Wonders never cease. The State charged Lasecki with 2 counts of failure to return security deposits to tenants in violation of Wis. Admin Code. §ATCP 134.06(2) and §§100.20(2) and 100.26(3)(2013-3104). Lasecki proceeded pro se at trial, and a jury convicted  on both counts. His appeal drew amicus briefs from the Apartment Ass’n for Southeastern Wisconsin, the Univ. of Wis. Law School and from the Attorney General  about whether the statute and code criminalized the failure to return rent. Answer: “yes.” but Lasecki won anyway because the jury instructions were erroneous and the court erred in ordering restitution above the victim’s pecuniary losses.

Portage County v. E.R.R., 2019AP2033, 5/21/20, District 4 (one-judge decision; ineligible for publication); case activity

E.R.R.’s original commitment term expired during the pendency of his appeal, but the commitment was extended. He concedes this makes the appeal moot but argues the court should nevertheless decide his issues because they are of great public importance and likely to arise again. We’ll never know if he had a point, because the briefs are confidential and the court’s rejection of his arguments consists of a single paragraph:

State v. A.N.G., 2019AP1100, 5/21/20, District 4 (one-judge decision; ineligible for publication); case activity

A.N.G. and a middle-school classmate collaborated on a drawing depicting a “cartoon-style bomb,” a school, and a body on the ground. Two weeks later, a teacher caught them passing a note, which turned out to be the drawing. Naturally, the state initiated quasi-criminal proceedings alleging A.N.G. had committed disorderly conduct and made a “terrorist threat.” A.N.G. was found delinquent, but the court of appeals now reverses, saying the adjudications violate the First Amendment.

Winnebago County v. L. F.-G., 2019AP2010, 5/20/20, District 2 (one-judge decision; ineligible for publication); case activity

This is an appeal of the extension of the commitment of someone the court calls “Emily.” Following our supreme court’s decision in Portage County v. J.W.K., 2019 WI 54, ¶19, 386 Wis. 2d 672, 927 N.W.2d 509, the court of appeals reverses because the county didn’t introduce any evidence that Emily would be dangerous if treatment were withdrawn.

State v. Chase M.A. Boruch, 2018AP152, 5/19/20, District 3 (not recommended for publication); case activity (including briefs)

Boruch, pro se, filed a Wis. Stat. § 974.06 motion raising a slew of claims related to his conviction, at jury trial, for first-degree intentional homicide. He’d already had an 809.30 postconviction motion and direct appeal (with counsel). He claimed, as a “sufficient reason” for not raising these new claims the first time around, that his postconviction/appellate counsel had been ineffective. The circuit court denied the motion and also refused to waive fees to produce the transcripts Boruch would need to appeal this denial. This is an appeal only of the refusal to waive those fees.

State v. Paris Markese Chambers, 2019AP17-18-CR, 5/12/20, District 1 (not recommended for publication); case activity (including briefs)

The State charged 17 year old Chambers with 8 crimes involving car theft, damage to property, and bail jumping across two cases. His maximum sentence exposure was 29.5 years and a $75,000 fine. The trial court imposed a global sentence of 8.5 years of initial confinement and 13.5 years extended supervision. On appeal Chambers argued that his global sentence was harsh and unconscionable.

State v. J.W., 2020AP161, 5/12/20, District 1 (1-judge opinion, ineligible for publication); case activity

At the grounds phase of his TPR proceeding J.W. stipulated to the “failure to assume parental responsibility” reason for terminating his parental rights. On appeal he argued that at the trial court erroneously determined that he was unlikely to meet the conditions of return due to a learning disability.

Eau Claire County DHS v. S.E., 2020 WI App 39, petition to review granted, 10/21/20, affirmed, 2021 WI 56; case activity

Following up on the decision issued in Dane County DHS v. J.R., 2020 WI App 5, the court of appeals rejects some additional challenges to the changes 2017 Wis. Act 256 made to the continuing CHIPS ground for terminating parental rights.