On Point: C. Unpublished Opinions

State v. John D. Myer, 2016AP490-CR, District 4, 12/22/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Assuming a police officer’s contact with Myer constituted a seizure, it was justified under the community caretaker doctrine.

Jefferson County DHS v. C.C., 2016AP1983, District 4, 12/21/16 (one-judge decision; ineligible for publication); case activity

The circuit court properly granted summary judgment on the petition terminating C.C.’s parental rights despite C.C.’s claims that the circuit court violated the mandatory notice provision under § 802.08(2) and that a genuine issue of material fact exists on the issue of grounds for termination.

State ex rel. Vincent Martinez v. Brian Hayes, 2014AP2095, District 2, 12/21/16 (not recommended for publication); case activity (including briefs)

Martinez claimed the lawyer who represented him at his ES revocation hearing should have objected to certain hearsay evidence and to the ALJ’s failure to find good cause for the lack of appearance of certain witnesses. The court of appeals rejects the claim because even if counsel was deficient, Martinez wasn’t prejudiced.

State v. Marie A. Martin, 2016AP913-CR, District 1, 12/20/16 (one-judge decision; ineligible for publication); case activity (including briefs)

A police officer’s contact with the driver of a car idling in a parking lot at 2:00 a.m. was lawful because the objective facts justified a reasonable suspicion of criminal activity.

State v. Gregory J. McMillan, 2016AP127-CR, 12/16/2016, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

12:30 a.m., Saturday, Dodge Charger, driving away from tavern-rich area of McFarland. No bad driving, but a “relatively sudden” right turn with a squad two car lengths behind. The turn is onto a dead-end street with only “large industrial-type buildings.” Officer drives around a back way and sees McMillan standing at the back of his car talking on his phone. From where he’s standing, McMillan could have snuck into the shadows had he seen the squad following him, instead of coming around a back way. Officer stops McMillan. Reasonable suspicion?

State v. Shannon Olance Hendricks, 2015AP2429-CR, 12/15/2016, District 1/4 (not recommended for publication), petition for review granted 5/15/17, affirmed, 2018 WI 15 ; case activity (including briefs)

A defendant pleading to a sexual assault involving sexual contact (as opposed to sexual intercourse) is required to understand the meaning of “sexual contact.” If he or she does not, he or she is entitled to plea withdrawal. State v. Jipson, 2003 WI App 222, ¶9, 267 Wis. 2d 467, 671 N.W.2d 18. Here, the court of appeals holds that a defendant pleading to child enticement with a purpose to engage in a sexual assault by “sexual contact” need not understand the meaning of this phrase.

State v. David H. Ninnemann, 2016AP1294-CR, 12/14/2016, District 2 (1-judge decision; ineligible for publication); case activity (including briefs)

David Ninnemann appeals from sentencing after revocation of his probation. He challenges the length of his jail sentences and the court’s order that he register as a sex offender, but the court of appeals upholds both of the trial court’s discretionary decisions.

E.C. v. Susan Krueger, 2015AP2196, 12/13/16, District 1 (not recommended for publication); case activity

E.C., an elderly woman with Alzheimer’s, planned for her future while she was still competent. She named her son, G.C., as her power of attorney for finances and health care. After she became incompetent, her family began fighting about her care. Krueger, E.C.’s daughter, filed a Ch. 54 guardianship proceeding. The issue in this case is whether Chapter 54 can trump a person’s advance planning.

State v. George W. Mallum, III, 2016AP765-CR, District 1, 12/13/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Mallum was convicted of two counts of disorderly conduct arising out of a single incident, but because the charges were not identical in fact the convictions are not multiplicitous.

State v. A.W., 2016AP121 through 125, 12/8/16, District 1 (1-judge opinion; ineligible for publication); case activity

When A.W. did not appear for her pretrial and was not reachable by phone, the court entered a default finding as to grounds for a TPR. She moved to vacate that finding, but then withdrew her motion. On appeal, she argued that (1) trial counsel was ineffective for advising her to withdraw the motion to vacate, and (2) the circuit court should have vacated the default so that she could address false information admitted in her case. The court of appeals refused to address the 2nd argument for reasons that penalized A.W. for mistakes her appellate lawyer allegedly made.