On Point: C. Unpublished Opinions

State v. Tory C. Johnson, 2015AP1322-CR, 6/28/2016, District 1 (not recommended for publication); case activity (including briefs)

Tory Johnson raises various challenges to his jury-trial conviction for resisting an officer causing substantial bodily harm.

State v. David L. Vickers, 2015AP1631-CR, 6/22/16, District 2 (not recommended for publication); case activity, including briefs

Vickers, who was convicted of misdemeanor bail jumping and retail theft of a wireless router, filed a §974.06 motion claiming ineffective assistance of counsel because his trial lawyer failed to move for suppression of stolen property found in his car and failed to investigate or call as a witness a co-defendant who later confessed to the theft. The court of appeals here affirms the convcition.

Winnebago County v. M.O.S., 2015AP2619, District 2, 6/15/16 (one-judge decision; ineligible for publication); case activity

The circuit court’s oral findings at the conclusion of M.O.S.’s trial didn’t track the statutory language in either § 51.61(1)(g)4.a. or 4.b., but no matter: On the standard involuntary medication order form the court checked the box corresponding to the standard under subdivision 4.b. (¶¶4, 7), and the evidence presented at trial is sufficient to support an order under that standard, despite M.O.S’s partial understanding that his delusions are caused by mental illness.

State v. Julie C. Phillips, 2015AP927-CR, 6/14/16, District III (one-judge decision; ineligible for publication); case activity (including briefs)

The court of appeals rejects the state’s attempt to parlay a single fact–a strong smell of unburned marijuana emanating from a house–into exigent circumstances justifying a warrantless search.

State v. Michael S. Dengsavang, 2015AP637-CR, 6/1/16, District 1 (not recommended for publication); case activity (including briefs)

Michael Dengsavang raises several challenges to the trial court’s denial of his Machner motion. The court of appeals rejects one claim on the merits and declines to consider the rest, holding them previously abandoned.

State v. Jason S. Witte, 2015AP795-CR, 5/26/16, District IV (one-judge decision; ineligible for publication); case activity (including briefs)

Witte, charged with OWI-4th, attacked a 2004 prior, alleging that did not have, and did not validly waive, counsel. The circuit court concluded that Witte’s affidavit and the documents from the 2004 proceeding did not make out a prima facie case that Witte was denied counsel, and the court of appeals now agrees.

State v. L.C., 2016AP81, 5/25/16, District 2 (1-judge opinion; ineligible for publication; case activity

That sums up the court of appeals’ decision in this juvenile delinquency case.  The State failed to timely provide the defense with a copy of L.C.’s recorded confession and a witness list before trial. The circuit court and court of appeals shrugged off these discovery violations.

Milwaukee County v. C. L.-K., 2015AP2031, 5/24/2016, District 1 (one-judge decision; ineligible for publication); case activity

In State ex rel. Watts v. Combined Community Services Bd. of Milwaukee County, 122 Wis. 2d 65, 84, 362 N.W.2d 104 (1985), the state supreme court held that equal protection entitles a person protectively placed under Wis. Stat. ch. 55 to “annual” court review of the placement. The court of appeals (in a citable, but not controlling, decision) now holds that completing such a review more than 16 months after the original placement is good enough.

State v. Chad T. Kippley, 2015AP1671-CR, 5/19/16, District 4 (unpublished opinion); case activity (including briefs)

A warden observed Kippley’s boat travelling at a slow speed in bow-up position. Based on his training and experience, the warden suspected that the boat was equipped with a motor in excess of its maximum horsepower rating, so he stopped Kippley and obtained evidence that led to Kippley’s conviction for operating a boat while intoxicated.

Rock County v. S.J.M., 2016AP255-FT, 5/19/16, District 4 (one-judge opinion; ineligible for publication); case activity

A circuit court involuntarily committed S.J.M. under §51.20(1)(a)1 -2 after finding him mentally ill, a proper subject for treatment, and dangerous.  S.J.M. challenged the “dangerous” determination and, specifically, the finding that he threatened his mother with serious physical harm, which made her reasonably fear violent behavior and serious harm from him.