On Point blog, page 143 of 261
Child welfare agency can file TPR petition on any ground
Rock County HSD v. W.J., 2015AP2469, District 4, 5/12/16 (one-judge decision; ineligible for publication); case activity
The county department had authority under § 48.42(1) to file a TPR petition alleging any ground for termination.
Traffic stop unreasonable; officer had no reason to conclude driver violated parking statute
State v. Justin Carl Herman Hembel, 2015AP1220-CR, 5/10/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
Police lacked probable cause to believe Hembel violated § 346.54, governing “How to park and stop on streets,” so the stop of Hembel was unlawful.
Evidence supported extension of involuntary commitment
Waukesha County v. J.W.J., 2016AP46-FT, 5/4/16 (1-judge opinion, ineligible for publication),petition for review granted 9/13/16, affirmed, 2017 WI 57; case activity
To commit a person involuntarily, the county must show that the person is mentally ill and dangerous. To extend the commitment, the county may prove “dangerousness” by showing that “there is a substantial likelihood, based on the subject individual’s treatment record, he would be a proper subject for commitment if treatment were withdrawn.” §51.20(1)(am).
On reconsideration, court of appeals finds PC for PBT
State v. Zachary W. Swan, 2015AP1718-CR, 5/5/16, District 4 (one-judge opinion; ineligible for publication); case activity, including briefs
Swan was convicted of OWI 2nd with a prohibited alcohol content. On appeal he argued that the circuit court should have suppressed the results of a preliminary breath test and other evidence due to the absence of probable cause. The court of appeals initially rejected Swan’s argument on the ground of issue preclusion, but on reconsideration agreed with Swan that issue preclusion “could not apply as a matter of law.” (¶2, ¶13). It now rejects Swan’s argument on the merits and affirms.
Evidence sufficient; judge’s ex parte communication harmless
State v. Jeffrey S. Decker, 2015AP1997-CR, District 2, 5/4/2016 (one-judge decision; ineligible for publication); case activity
Jeffrey Decker had been banned from the UW-Oshkosh, and was arrested when he arrived at a grand opening event. The arrest was not without incident and he was charged with obstructing an officer and convicted after a jury trial.
Ensuring automatic admissibility justified warrantless blood draw
State v. Melvin P. Vongvay, 2015AP1827-CR, District 2, 5/4/2016 (one-judge decision; ineligible for publication); case activity (including briefs)
Wisconsin Stat. § 885.235(1g) makes a blood alcohol test automatically admissible in a drunk driving prosecution if the blood is drawn within three hours of the alleged driving. The court here holds that an officer who was running up against the end of that three-hour window was justified in drawing blood without seeking a warrant.
As-applied constitutional challenges to TPR rejected
State v. G.H., 2015AP1606, District 1, 4/28/16 (one-judge decision; ineligible for publication); case activity
G.H.’s parental rights to M.R.H. were terminated on the grounds that M.R.H. remained in need of protection or services under § 48.415(2) and that G.H. had failed to assume parental responsibility under § 48.415(6). The court of appeals rejects his claims that these statutes are unconstitutional as applied to him.
Challenges to sufficiency of evidence and self-defense instruction in reckless homicide case rejected
State v. Phillip Kareen Green, 2015AP1126-CR, 4/26/16, District 1 (not recommended for publication); case activity (including briefs)
Green argues that the evidence was insufficient to convict him of first degree reckless homicide because it didn’t prove he acted with utter disregard for human life. He also argues for a new trial in the interest of justice on the grounds that: 1) the jury wasn’t fully instructed about the interaction between self-defense and the utter disregard element; and 2) important facts were not introduced or placed in proper context. The court of appeals rejects Green’s claims in a decision heavy on facts and light on analysis.
Defendant’s own misunderstanding about collateral consequence didn’t taint plea
State v. Miguel Angel Langarica, 2015AP1546, 4/21/16, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Langarica’s misunderstanding about whether the conviction would require him to register as a sex offender under Illinois law doesn’t entitle him to withdraw his plea because he didn’t prove the misunderstanding was based on incorrect information from his trial lawyer.
5-6 sleepovers per week + 2 baskets of laundry = “resides” for purposes of domestic abuse surcharge law
State v. Donald Weso, 2015AP1004-Cr, 4/19/16, District 3 (1-judge opinion; ineligible for publication); case activity (including briefs)
This unpublished opinion appears to decide an issue of first impression for Wisconsin. Section 973.055(1) requires a court to impose a $100 surcharge if it finds that an adult convicted of domestic abuse committed the act “against an adult with whom [he] resides. ” The novel question is: what does “resides” mean? The answer is only a little more involved than the title to this post suggests.