On Point: C. Unpublished Opinions

State v. D.W., 2016AP1827, 4/11/17, District 1,(1-judge opinion, ineligible for publication); case activity

The briefs in this TPR case are confidential, so we only know what the court of appeals’ opinion tells us about the case. D.W. apparently alleged ineffective assistance of counsel based upon his trial lawyer’s failure to call witnesses and failure to move to have his son’s (A.W.’s) placement changed to a family member. He also argued that his plea was defective. The court of appeals decision is long on facts, short on law, and essentially rubber stamps the Machner court’s findings without analysis.

Barron County DHHS v. C.K., 2015AP1378, 2015AP1379 & 2015AP1380, District 3, 4/11/17 (one-judge decision; ineligible for publication); case activity

C.K.’s argues she should get a new TPR trial because the circuit court erred by deciding an element of the grounds allegations without getting her personal waiver of the right to have the jury decide the element and by admitting evidence about drug activity at her home. The court of appeals rejects her claims.

State v. Frank V. Blonda, 2015AP2431-CR, 4/11/17, District 1, (not recommended for publication); case activity (including briefs).

 M.L., the victim in this case, called her sister, Vincenza, and allegedly told her that Blonda had hit her in the head with a telephone. Vicenza reported this to the police.  Later, M.L. told the DA’s victim advocate that she did not want to press charges, Blonda did not hit her with the phone, and she had been drinking and wasn’t sure how she had been injured. She also filed a victim impact statement, which said that her injury was due to an accident that happened in Blonda’s absence. Unfortunately, the State didn’t disclose these statements to Blonda until the first and second days of his trial.

Cle A. Gray, Jr. v. Robert Humphries, 2016AP584-CR, 4/6/17, District 4 (one-judge decision; ineligible for publication); case activity (including state’s brief)

Gray sought to prevent the Department of Corrections from taking certain money from his prison accounts to pay the costs and restitution Gray had been ordered to pay, but the court of appeals holds DOC’s collection actions were valid under the judgment of conviction and relevant statutes.

County of Dodge v. Alexis N. Unser, 2016AP2172, 4/6/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Unser wasn’t unlawfully moved outside the “vicinity” of the traffic stop when the officer transported her six miles to conduct field sobriety tests.

State v. Terrence L. Perkins, 2016AP1427-CR,4/4/17, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs)

At Perkins’ suppression hearing, Officer Stetzer testified that he saw Perkins drive through a stop sign and part way through a cross walk into the middle of an intersection where he then backed up to allow a car to pass before proceeding. The squad car video did not capture Perkins’ stop sign violation; it only recorded him backing up. Perkins argued that the position of the squad car would have prevented the officer from seeing whether he complied with the stop sign before proceeding into the intersection. He thus argued that Stetzer lacked reasonable suspicion to stop him.

State v. David L. Johnson, 2015AP2605-CR, 4/4/17, District 1 (not recommended for publication); case activity (including briefs)

A jury found Johnson guilty of aggravated battery and false imprisonment but acquitted him of sexual assault and strangulation. The court imposed 2 consecutive 6-year sentences.  Johnson appealed and argued that the postconviction court erred in denying his claim for ineffective assistance of trial counsel without a hearing, imposing a DNA surcharge in violation of the ex post facto clause, and in denying resentencing. 

Barron County DHHS v. M. B.-T., 2016AP1381/1382/1383, 3/31/17, District 3 (one-judge decision; ineligible for publication); case activity

M. B.-T. was personally served with a TPR petition and summons and appeared as directed at the initial appearance on the petition. He didn’t enter a plea at the hearing because he told the circuit court he wanted have a lawyer appointed. He also agreed on the record to return for an adjourned initial appearance in about 3 weeks. He didn’t return, though, and no lawyer appeared for him, either, so the court granted the County’s motion for a default judgment. (¶¶2-5). The court of appeals rejects his challenges to the default judgment.

State v. Daniel G. Scheidell, 2015AP1598-CR, 3/29/17, District 2 (not recommended for publication); case activity (including briefs)

Congrats to the Remington Center for a winning a new trial in the interests of justice based on newly-discovered, 3rd-party perpetrator evidence 19 years after Scheidell was convicted of 1st degree sexual assault and armed robbery. Even better, their win was affirmed on appeal!

Kenosha County DHS v. C.D.K., 2015AP2179, 3/30/17, District 2 (one-judge decision; ineligible for publication); case activity

C.D.K. entered a plea to grounds for termination of her parental rights, and eventually, they were terminated. She claims on appeal that her trial counsel failed to advise her competently about the decision to admit grounds, and that she did not understand certain information, rendering her admission not knowing, intelligent and voluntary.