On Point: B. Published opinions

State v. Robert P. Vesper, 2018 WI App 31; case activity (including briefs)

Vesper complains that when he was sentenced for his 7th OWI offense the judge didn’t give a separate explanation for why it was imposing a fine in addition to prison time. Over a dissent, the court of appeals concludes the judge said enough to satisfy the (not at all exacting) standard of review for exercise of sentencing discretion. The court also rejects Vesper’s claim that the judge didn’t assess his ability to pay the fine.

State v. Dorian M. Torres, 2018 WI App 23; case activity (including briefs)

Dorian Torres’s mother Shelly allowed police into the apartment Dorian was living in with his father, Emilio. The police found Emilio’s body during a search of the apartment, leading to Dorian being charged with homicide. The court of appeals holds the police reasonably relied on Shelly having authority to consent to their entry and search of the apartment.

On February 28, 2018, the court of appeals ordered the publication of the following criminal law related decisions:

State v. Marcos Rosas Villegas, 2018 WI App 9 (addressing guilty plea waiver rule and holding lawyers need not advice clients about DACA consequences of plea)

State v. Mario Douglas, 2018 WI App 12 (inaccurate advice about consequences of going to trial invalidated plea)

State v. Corey R. Fugere, 2018 WI App 24, affirmed, 2019 WI 33; case activity (including briefs)

Because civil commitment is neither punishment nor a direct consequence of a guilty or no contest plea, a defendant entering an NGI plea does not have to be advised during the plea colloquy of the maximum term of commitment that could be ordered.

State v. Marquis T. Williams, 2018 WI App 20; case activity (including briefs)

Williams, a prison inmate, objected to DOC deducting funds from his prison account to pay the restitution ordered in his criminal case. He asked the sentencing judge to order DOC to stop but the sentencing judge declined. The court of appeals affirms, holding the sentencing court isn’t competent to address that issue. Instead, Williams has to exhaust his administrative remedies using the inmate complaint review system (ICRS) and, if that fails, he can bring a certiorari action in circuit court.

On January 31, 2018, the court of appeals ordered the publication of the following criminal law related decisions:

State v. Antonio A. Johnson, 2018 WI App 2 (defendant entitled to a day of credit for portion of a day spent in custody)

State v. Taran Q. Raczka, 2018 WI App 3 (whether defendant was negligent in not taking seizure medication is a jury question)

State v.

State v. Marcos Rosas Villegas, 2018 WI App 9; case activity (including briefs)

This opinion resolves 2 issues worthy of publication and has already generated a petition for review (from an earlier version of the opinion, which was withdrawn and has now been replaced).  According to the court of appeals, an attorney does not perform deficiently by failing to inform his client, an undocumented immigrant, that a plea would render him inadmissible to the U.S. and ineligible for DACA. Furthermore–for the first time–the court of appeals holds that the “guilty plea waiver” rule applies to claims of ineffective assistance of counsel, unless such a claim is offered as a reason to overturn the plea itself.

State v. Mario Douglas, 2018 WI App 12; case activity (including briefs)

Douglas got inaccurate advice about the prison time he faced if he went to trial instead of taking the State’s plea offer. The inaccurate advice makes his plea invalid.

Kewaunee County DHS v. R.I., 2018 WI App 7; case activity

Following the lead of the U.S. Supreme Court, the court of appeals holds that the additional fact finding mandated in TPR proceedings involving an Indian child don’t apply when the parent never had physical or legal custody of the child.

State v. Taran Q. Raczka, 2018 WI App 3; case activity (including briefs)

This is an interlocutory appeal. Raczka is charged with homicide by intoxicated use of a vehicle and reckless homicide; he crashed his car into a tree on the way to work in the morning and his passenger was killed. A blood test revealed trace amounts of THC and cocaine so naturally, the state charged him with two homicides.