On Point blog, page 129 of 263
Plea withdrawal claims rejected
State v. Erika Lisette Gutierrez, 2014AP1983-CR, 3/7/2017 (not recommended for publication); case activity (including briefs)
Gutierrez pleaded guilty to intentional physical abuse of a trial and had a bench trial on her plea of not guilty by reason of mental disease or defect. She asserts she should be allowed to withdraw her guilty plea because the circuit court didn’t give the full § 971.08(1)(c) immigration warning and because her plea was premised on incorrect advice from her lawyer. The court of appeals disagrees.
Convictions for battery, violation of no contact order upheld
State v. Earnest Lee Nicholson, 2015AP2154-CR & 2015AP2155-CR, 3/7/2017, District 1 (not recommended for publication); case activity (including briefs)
Nicholson challenges the validity of the no-contact order he was convicted of violating, and also argues his rights to confrontation and to testify were violated. The court of appeals rejects his claims.
Cop had reasonable suspicion to perform FSTs based on time of stop and smell of alcohol
City of Waukesha v. Derek R. Pike, 2016AP1720, 3/1/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)
A police officer stopped Pike at 1:00 a.m. because his car lacked a front license plate. The officer smelled alcohol, and Pike admitted that he was coming from a nightclub where he had consumed 1 or 2 beers. The officer conducted FSTs, and the results caused him to request blood chemical tests, which Pike refused.
Conduct during ch. 51 exams supported inference person was danger to herself
Marathon County v. R.O., 2016AP1898-FT, 2/27/17, District 3 (one-judge decision; ineligible for publication); case activity
In 2016 R.O. was detained under § 51.15 after she was evicted and went to a local shelter but wasn’t able to do the paperwork to stay at the shelter. According to the two doctors who examined her while she was under emergency detention, R.O. was angry, defiant, irritable, displayed some paranoia, refused to cooperate with certain parts of the exams, and ‘lacked insight” into her illness. (¶¶2-6). These observations, in conjunction with information in her records describing past episodes that ended in hospitalization, were sufficient to justify the circuit court’s finding she was dangerous to herself.
Defendant forfeited challenge to improper treatment of second OWI as civil offense
Eau Claire County v. Duane D. Collier, 2016AP366, District 3, 2/22/17 (one-judge decision; ineligible for publication); case activity (including briefs)
Collier’s belated challenge to his 1992 civil forfeiture judgment for OWI 1st offense is foreclosed by City of Eau Claire v. Booth, 2016 WI 65, 370 Wis. 2d 595, 882 N.W.2d 738.
Lack of recent calibration of radar unit didn’t render stop for speeding unreasonable
State v. Thomas M. Gibson, 2016AP1933-CR, 2/22/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
An officer trained in visually estimating speed observed a car driven by Gibson going what he estimated to be 25 m.p.h. in a 15 m.p.h. speed zone. He trained a radar unit on the car, and that said the car was going 26 m.p.h. The officer stopped the car, and Gibson was ultimately arrested for OWI. It turns out the radar unit hadn’t been calibrated since the early years of the internet—1994. (¶¶3-5). No matter, says the court of appeals. The officer still had reasonable suspicion for the stop.
Order waiving juvenile into adult court affirmed
State v. T.T.H., 2016AP1553-1554-CR, District 1, 2/21/17 (1-judge decision, ineligible for publication); case activity
T.T.H., aged 16, challenged a circuit court decision waiving his case into adult court on the grounds that: (1) the record did not show that the circuit court gave “paramount consideration” to the juvenile’s best interests, and (2) the circuit court failed to give sufficient consideration to T.T.H.’s suitability for the Serious Juvenile Offender program. Both challenges failed.
Stipulation to grounds for TPR was entered freely, voluntarily, intelligently
State v. D.T., 2016AP1488, 2/21/17, District 1 (1-judge opinion, ineligible for publication); case activity
D.T. sought to withdraw her stipulation that the court had grounds to terminate her parental rights. She said the court made conflicting statements during its colloquy with her, such as “it’s never too late to meet the conditions of return.” The court of appeals noted that the circuit court later clarified this remark by stressing that the focus of the subsequent dispositional hearing would be on the child’s best interests.
Officer had reasonable basis to believe defendant committed traffic violations
Oneida County v. Joseph A. Ravens, 2015AP2612, 2/22/17, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs)
Raven was driving a pickup and towing a trailer when he entered an intersection as the light was changing. Unfortunately for him, Officer Young was watching and claimed the light turned red before Raven entered the intersection. He stopped Raven, smelled intoxicants, and observed slurred speech. After being charged with OWI, Raven moved for suppression and testified that the traffic light was yellow and turned red only after he was actually in the intersection. You can guess whom the trial court believed.
No error where judge reached verdict in bench trial while jury out on remaining count
State v. Robert Mario Wheeler, 2016AP55-CR, 2/21/2017, District 1 (not recommended for publication); case activity (including briefs)
Robert Wheeler was tried for reckless injury and being a felon in possession of a gun arising out of a single shooting incident. To keep the jury from hearing about his status as a felon, the parties stipulated that he was and agreed that the gun possession charge would be decided by the court. Wheeler’s counsel specifically noted the possibility that the two counts could be decided differently, given the different factfinders. (¶5).