On Point blog, page 14 of 263
COA affirms circuit court’s order denying TPR defendant’s request for new counsel.
Portage County v. W.P.R., 2024AP454, 7/11/24, District IV (one-judge decision; ineligible for publication); case activity
COA affirms circuit court’s order denying defendant’s request for new counsel in TPR case.
COA: Driver does not have right under implied consent statute to refuse blood test when driver proposes to take breath or urine test.
City of Mequon v. Schumacher, 2023AP2411, 7/3/24, District II (one-judge decision; ineligible for publication); case activity
COA determines person suspected of driving under the influence does not have right under implied consent statute, Wis. Stat. § 343.305, to refuse blood test if the person offers to take a breath or urine test instead.
COA holds that appeal of Chapter 55 protective placement review is moot
Washington County v. T.R.Z., 2024AP21, District II, 6/19/24 (one-judge decision; ineligible for publication); case activity
Although “Tim’s” appeal presents several issues for review, COA dismisses the appeal as moot given the existence of an intervening Watts review.
COA affirms refusal based on delayed and equivocal consent
Village of Butler v. Brandon J. Hernandez, 2023AP1707, 6/19/24, District II (one-judge appeal; ineligible for publication); case activity
Hernandez challenges the circuit court’s finding that he improperly refused to submit to a OWI blood draw, arguing that he consented. The court of appeals rejects his argument, concluding that the circuit court’s finding was not clearly erroneous.
COA holds that circuit court properly concluded defendant did not establish existence of medication-induced amnesia
State v. Reynaldo Rosalez, 2022AP1929-CR, 6/11/24, District I (not recommended for publication); case activity
In a case illustrating the stringent standard of review used to assess findings of fact, COA dispatches with Rosalez’s claim that his lawyer failed to discuss a defense related to his alleged medication-induced amnesia.
Defense Win! COA reverses recommitment order
Marathon County v. N.R.P., 2023AP638, 6/11/24, District III (one-judge decision; ineligible for publication); case activity
In yet another Chapter 51 reversal, COA finds fault with both the circuit court’s decision to admit and rely on hearsay evidence and its failure to make the required findings.
Speeding motorist’s attempt to undo conviction in COA fails under governing standard of review
Winnebago County v. Thomas J. Roberts, 2023AP1808, District II, 6/12/24 (one-judge decision; ineligible for publication); case activity
In a rare appeal of a conviction for speeding, COA easily dispatches Roberts’s arguments given the deferential standard of review for findings of fact.
Police properly requested PBT; had probable cause to arrest intoxicated motorist
State v. Joseph S. Schenian, 2023AP2017-CR, 6/5/24, District II (1-judge decision, ineligible for publication); case activity
Despite Schenian’s best efforts to do away with a damaging PBT result, COA rejects his arguments and affirms.
COA finds intoxicated driver was not subjected to “constructive arrest” and affirms denial of motion to suppress
City of Hartford v. Edward H. White, 2023AP1813 & 2023AP1814, 6/5/24, District II (1-judge decision, ineligible for publication); case activity
Although White tries to argue that he was under an unconstitutional constructive arrest when initially seized for suspicion of an OWI offense, COA finds his arguments unavailing and affirms.
Defense Win! Defendant entitled to hearing to determine eligibility for SAP/CIP
State v. Les Paul Henderson, 2023AP2079-CR, 5/31/24, District IV (not recommended for publication); case activity
Although Henderson fails to persuade COA that a JOC making him eligible for early release programming controls, he does live to fight another day given COA’s order that he receive a hearing at which time the circuit court will have to exercise its discretion to determine his eligibility.