On Point blog, page 148 of 263
Weaving within lane, other circumstances supported traffic stop
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.
Object found during frisk could be removed from pocket
State v. Steve C. Deterding, 2015AP195-CR, 3/10/16, District 3 (not recommended for publication); case activity (including briefs)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.
Any error in excusing juror or allowing notes during closing harmless
State v. Jesus C. Gonzalez, 2015AP784-CR, 3/8/16, District 1 (not recommended for publication); case activity (including briefs)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.
Audiovisual recording of child victim’s forensic interview was properly admitted
State v. Beverly Reshall Holt, 2013AP2738-CR, 3/8/16, District 1 (not recommended for publication); case activity (including briefs)
The trial court did not err in admitting the audiovisual recording of the forensic interview of Caleb, one of the child victims, at Holt’s trial for child sexual assault.
Accident reporting statute covers injury regardless of monetary cost
City of Rhinelander v. Thomas V. Wakely, 2015Ap302, 3/8/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
While the accident reporting requirement under § 346.70(1) requires that property damage reach a certain minimum “apparent [monetary] extent” before the accident is reportable, it does not require a minimum monetary extent for personal injuries before the accident is reportable.
Court of appeals sees no problem with initiation or duration of traffic stop
State v. John D. Arthur Griffin, 2015AP1271-CR, 3/3/16, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
The court of appeals finds that the police had reasonable suspicion to stop the car Griffin was driving and, even though that suspicion dissipated during the encounter, that the continued detention of Griffin was reasonable.
Record supported trial court’s rejection of NGI defense
State v. Corey R. Kucharski, 2013AP557-CR, 3/1/16, District 1 (not recommended for publication); case activity (including briefs)
The trial court correctly applied the elements of § 971.15, and the record supports the trial court’s finding that Kucharski failed to meet his burden of showing that he lacked mental responsibility when he killed his parents.
Surrogate medical examiner’s testimony didn’t violate Confrontation Clause
State v. Miguel Muniz-Munoz, 2014AP702-CR, 3/1/16, District 1 (not recommended for publication); case activity (including briefs)
By the time Muniz-Munoz went to trial for first degree intentional homicide, the medical examiner who conducted the autopsy of the victim was dead. The trial court allowed another medical examiner who reviewed the case record to give his independent opinion about the cause of the victim’s death. This did not violate Muniz-Munoz’s right to confrontation.
TPR affirmed against welter of challenges
Pierce County v. C.S., 2015AP1463 & 2015AP1464, District 3, 2/26/16 (one-judge decision; ineligible for publication); case activity
C.S. challenges the orders terminating her parental rights to her sons, D. S. and K. S., based on their continuing need for protection or services. She raises multiple, fact-specific claims of ineffective assistance of trial counsel and circuit court error. All her claims are rejected.
Misinformation about IC max does not permit plea withdrawal
State v. Jason D. Henderson, 2015AP1740-CR, District I, 3/1/16 (1-judge decision; ineligible for publication); case activity (including briefs)
Henderson pled to two misdemeanor repeaters. He now seeks to withdraw his plea on the ground that counsel was ineffective for misinforming him that the two-year maximum sentence on each count was divided into one year of initial confinement and one year of extended supervision, rather than the correct 18 month/6 month split.