On Point: C. Unpublished Opinions

Marquette County v. T.F.W., 2015AP2603-FT, 3/24/16, District 4 (one-judge decision; ineligible for publication); case activity

At T.F.W.’s ch. 51 extension hearing, one of the examining physicians was asked “have the advantages, disadvantages and alternatives to [T.F.W.’s] medication been explained to [him]?” Her answer: “Yes, they have.” (¶7). That was the extent of the testimony on the matter, but the court of appeals holds it was good enough to satisfy the requirement of § 51.61(1)(g)4.(intro.) and Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607.

State v. John Steven Duewell, 2015AP43-44-CR, 3/23/16, District 1 (not recommended for publication); case activity (including briefs)

In a decision that seems to conflict directly with State v. Torbeck, 2012 WI App 106, 344 Wis. 2d 299, 821 N.W.2d 414, see our post here, the court of appeals holds that carburetor cleaner is an intoxicant under Wisconsin’s OWI statute, Wis. Stat. §346.63(1)(a)(2011-2012).

Racine County Human Services Dep’t v. L.H., 2015AP1872, 3/23/16, District 2 (1-judge opinion; ineligible for publication); case activity

During the fact-finding stage of L.H.’s TPR trial, counsel (1) failed to object to evidence that L.H’.s child, C.M., had bonded with his foster parents; (2) failed to object to an inaccurate 5/6ths verdict instruction; and (3) and agreed to only 3 peremptory strikes though L.H. was entitled to 4. The court of appeals nevertheless upheld the order terminating L.H.’s parental rights.

Outagamie County D.H. & H. S. v. Michael P., 2015AP845, 3/22/16, District 3 (i-judge opinion; ineligible for publication); case activity

A jury found grounds to terminate Michael P’s parental rights. He appealed and explained that during the County’s adverse examination of him, the trial judge repeatedly interrupted and instructed him to answer only the questions posed by the County. The judge, he claimed, displayed objective bias, thereby depriving him of an impartial tribunal. And his lawyer was ineffective for failing to object to the judge’s questions.

State v. James A. Webb, 2015AP1613-CR, 3/22/16, District 1 (-1-judge opinion; ineligible for publication); case activity (including briefs)

The court of appeals here reverses a suppression order and holds that officers had reasonable suspicion to stop Webb’s SUV because its high-mount stop light was not working while the driver was braking. During the stop, officers discovered that Webb was carrying a concealed weapon without a permit.

State v. Jack M. Suriano, 2015AP959-CR, 3/15/16, District 3 (one-judge decision; ineligible for publication), petition for review granted 9/13/16, affirmed, 2017 WI 42; case activity (including briefs)

The circuit court never warned Suriano that forfeiture of his right to counsel was a possibility and did not engage Suriano in a colloquy about the difficulties and dangers of self-representation. Nonetheless, its finding that Suriano forfeited his right to appointed counsel is affirmed because the warning and colloquy are only “recommended,” and not required, procedures.

State v. J.S., 2015AP707, District 1, 3/15/16 (one-judge decision; ineligible for publication); case activity

Applying the failure to assume parental responsibility statute, § 48.415(6), to J.S. did not violate his right to substantive due process because J.S.’s own behavior, not the CHIPS order removing his daughter S.L. from her parental home, was what prevented him from taking part in S.L.’s daily supervision and care.

Columbia County v. Stephen M. Kokesh, 2015AP1650, District 4, 3/10/16 (one-judge decision; ineligible for publication); case activity (including briefs)

The totality of the circumstances—the driving observed by the officer and the time of the driving—provided reasonable suspicion stop Kobkesh’s car, despite Kokesh’s creative attempt to show otherwise.

State v. Steve C. Deterding, 2015AP195-CR, 3/10/16, District 3 (not recommended for publication); case activity (including briefs)

A police officer lawfully removed the object he felt in Deterring’s pants pocket during a lawful pat-down for weapons.

State v. Jesus C. Gonzalez, 2015AP784-CR, 3/8/16, District 1 (not recommended for publication); case activity (including briefs)

Gonzalez raises two challenges to his conviction, at jury trial, of reckless homicide and reckless endangerment. The court of appeals finds any error harmless.