On Point: C. Unpublished Opinions

State v. Chad David Knauer, 2017AP2243-CR, 3/22/18, District 4 (one-judge opinion; ineligible for publication); case activity (including briefs)

Hats off to defense counsel, the circuit court, and court of appeals for the decision in this case. The State charged Knauer with misdemeanor theft of property. Police had interviewed him for just 1 hour at about 11 p.m. at the county jail. He admitted to stealing a trailer and storing it at his aunt’s and uncle’s house. But then police told Knauer that if any other stolen property was found at the same location they would arrest his aunt and uncle. The circuit court held that threatening to arrest Knauer’s relatives when police lacked probable cause that they had committed a crime was an improper interrogation tactic that rendered his confession involuntary. 

State v. Robert L. Bentz, 2017AP1436-CR, 3/21/18, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)

The State charged Bentz with OWI 3rd and PAC 3rd. Bentz moved to suppress evidence for lack of reasonable suspicion to detain and lack of probable cause to arrest. The circuit court denied his motion. The appeal concerned the point at which the law enforcement officer seized Bentz and the evidence supporting reasonable suspicion and probable cause.

State v. D.C., 2017AP1635, 3/20/18, District 1 (one-judge opinion; ineligible for publication); case activity

The circuit court terminated D.C.’s parental rights to his child, A.D.C.  On appeal, D.C. argued that the trial court (1) lost competency to proceed when it failed to conduct an initial appearance in the case, and (2) erred in denying his request for discovery of emails between the ADA and the Child Protective Services case manager.

State v. T.S.R., 2017AP548, 3/20/18, District 1 (one-judge decision; ineligible for publication); case activity

T.S.R. appeals the termination of her parental rights to her daughter. She argues that the two statutory grounds on which she was found unfit–continuing CHIPS and failure to assume parental responsibility–violate due process as applied to her.

City of Chetek v. Daniel John McKee, 2017AP207, District 3, 3/15/18 (one-judge decision; ineligible for publication); case activity (including briefs)

McKee claimed he was justified in refusing to submit to a breath test under § 343.305(9)(a)5.c. because his chronic gastroesophageal reflux disorder (GERD) and resulting Barrett’s esophagus rendered him physically unable to take the test. (¶¶3-4). McKee sought to admit his medical records as evidence at the refusal hearing, but the circuit court sustained the prosecutor’s objection that they weren’t properly authenticated. (¶5). Further, based on the testimony of the arresting officer, the circuit court found McKee refused out of a concern for his job, not because of his medical condition. (¶¶6-7). The court of appeals rejects McKee’s challenges to the circuit court’s rulings.

State v. Timothy P. Gregory, 2016AP1265-CR, District 2, 3/14/18 (not recommended for publication); case activity (including briefs)

In this lengthy decision, the court of appeals rejects multiple challenges Gregory makes to his convictions for child sexual assault that occurred in 1997.

State v. Korry L. Ardell, 2017AP381-CR, District 1, 3/6/18 (not recommended for publication); case activity (including briefs)

Ardell was convicted of stalking in violation of § 940.32(2) for sending emails about N., a woman he had dated, to a former employer of N. (¶¶3-20). The court of appeals rejects his arguments that, under the plain language of the statute: 1) conduct or statements regarding N. but directed at a third party were irrelevant absent proof Ardell either intended such information to be passed on to the alleged victim or intended the third party to harass the alleged victim based on the information; and 2) the jury instructions failed to apprise the jury that the state had to prove that intent before they could convict him.

State v. Deandre D. Rogers, 2017AP670-CR, District 1, 3/6/18 (not recommended for publication); case activity (including briefs)

Evidence that Rogers was identified as a passenger in a vehicle reported stolen was properly admitted in his armed robbery trial because it provided “context” and “background” to one of the robbery charges for which he was on trial. And while the prosecutor made in improper argument in rebuttal closing because it wasn’t based on any evidence whatsoever, the argument wasn’t prejudicial.

State v. Bruce D. Johnson, 2017AP834-CR, District 3, 3/6/18 (one-judge decision; ineligible for publication); case activity (including briefs)

Even if the sentencing court erroneously thought the sentence he was imposing on Johnson would be served in the jail rather than prison, that mistake doesn’t provide grounds for a sentence modification or resentencing.

State v. Roman D. Lovelace, 2017AP943-CR, District 1, 3/6/18 (not recommended for publication); case activity (including briefs)

During deliberations at Lovelace’s trial on a charge of burglary as party to a crime, the jury sent a note to the judge asking how burglary and party to a crime “relate” and whether they were “two separate charges or one in the same.” Without consulting the parties the court sent a written response telling the jury to review the written instructions they were given. (¶4). The judge shouldn’t have done that without consulting Lovelace’s attorney, but the error was harmless.