On Point: C. Unpublished Opinions

State v. Pagenkopf, 2015AP1855-CR, 7/21/16, District 4 (1-judge opinion, ineligible for publication); case activity  (including briefs)

Per §973.20(13)(c)4, a court commissioner held a hearing and submitted proposed findings of fact and conclusions of law recommending that Pagenkopf pay $19,274.69 in restitution. Pagenkopf sought de novo review via §757.69(8), which provides that a “decision” by a court commissioner shall be reviewed by the circuit court upon the motion of any party.  According to the court of appeals, §757.69(8) does not apply to a commissioner’s restitution findings.

State v. Mark G. McCaskill, 2015AP1487-CR, District 4, 7/21/16 (one-judge decision; ineligible for publication); case activity (including briefs)

McCaskill’s challenges to his arrest and conviction for operating with a prohibited alcohol content don’t persuade the court of appeals.

State v. Jermaine D. Greer, Sr., 2015AP692, District 4, 7/21/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Greer filed a pro se motion for postconviction relief under § 974.06. It is his fourth postconviction motion and—like his third postconviction motion, which he also filed pro se—it argued he is entitled to withdraw his pleas. Greer doesn’t explain why the grounds for plea withdrawal he raises in his fourth motion could not have been raised in his third motion,

State v. Patrick H. Dalton, 2016AP6-CR,7/20/16, Distrct 2 (1-judge opinion; ineligible for publication); case activity (including briefs)

The court of appeals here holds that Dalton is entitled to an evidentiary hearing on his claim that trial counsel was ineffective for failing move to suppress the test results from a warrantless blood draw. The record contains no evidence that exigent circumstances existed a la Missouri v. McNeely, and the officer who ordered the draw gave no indication that he ever considered seeking a warrant.

State v. Michael R. Hess, 2015AP2423, 7/20/16, District 2 (1-judge opinion; ineligible for publication) case activity

A decade after the circuit court entered a default judgment and revoked Hess’s license due to a drunk-driving event, he filed a motion to vacate per §806.07(1)(h). He claimed that he was not served with the notice of intent to revoke required by §343.05 and due process. On appeal Hess prevails in an opinion reaffirming that there is no deadline for filing a motion to vacate a void judgment.

State v. J.T.M., 2015AP1585, 7/19/16, District 3 (one-judge decision; ineligible for publication); case activity

A detective interrogated 16-year-old J.T.M. while he was in a juvenile residential facility without first giving Miranda warnings. Because J.T.M. was in custody and wasn’t given the warnings, his statement regarding a sexual assault allegation must be suppressed.

State v. V.A., 2015AP1614, 7/19/16, District 1 (1-judge opinion; ineligible for publication); case activity

V.A. presented many issues on appeal, and the court rejected all of them. The most interesting ones concern collateral attacks on CHIPS orders, competency, and whether Wisconsin’s “failure to assume parental responsibility” statute is unconstitutional as applied to V.A.

State v. C.A.P., 2016AP824, District 1, 7/12/16 (one-judge decision; ineligible for publication); case activity

While § 48.427(1) gives a parent the right to present evidence and be heard at a dispositional hearing, in this case the trial court properly exercised its discretion in excluding two of C.A.P.’s witnesses and denying her request to recall a witness who testified earlier.

State v. Navdeep S. Brar, 2015AP1261-CR, District 4, 7/7/16 (one-judge decision; ineligible for publication),petition for review granted 12/19/2016, affirmed, 2017 WI 73 ; case activity (including briefs)

The record supports the circuit court’s conclusion that Brar consented to a blood test after his arrest for OWI and that his consent was voluntary.

State v. Cynthia J. Popp, 2016AP431-CR, District 4, 7/7/16 (one-judge decision; ineligible for publication); case activity (including briefs)

There was reasonable suspicion to continue detaining Popp for field sobriety testing even though the officer didn’t smell alcohol on her and told dispatch and a back-up officer he wasn’t sure what caused the poor driving he’d observed.