On Point: C. Unpublished Opinions

State v. Marguerite Alpers, 2015AP1784-CR, 1/12/16, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)

The circuit court erroneously exercised its discretion in ordering Alpers to install an ignition interlock device “on [her] husband’s car” as a condition of probation in her OWI cases because the record didn’t establish the condition was a reasonable and appropriate means of advancing the goals of rehabilitation and public protection, State v. Miller, 2005 WI App 114, 11, 283 Wis. 2d 465, 701 N.W.2d 47.

Barron County DHHS v. J.H., 2015AP1529, District 3, 1/13/16 (one-judge decision; ineligible for publication); case activity

J.H.’s claims that her trial counsel was ineffective are rejected because trial counsel’s actions were either not deficient or not prejudicial.

K.C. v. B.S.-S., 2015AP1702, District 2, 1/13/16 (one-judge decision; ineligible for publication); case activity

B.S.-S.’s single conviction for intentionally causing harm to a child in violation of § 948.03(2)(b) does not demonstrate “a pattern of physically … abusive behavior” under § 48.415(5), so the circuit court erred in terminating B.S.-S.’s parental rights based on that conviction.

State v. Joseph C. Risse, 2015AP586, District 3, 1/12/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Risse pled to an OWI, but was it his first or second? The state, armed with a Wisconsin Certified Driving Record, says he had a 2008 chemical test refusal in Connecticut. Risse, bearing a collection of documents from Connecticut and elsewhere, submits that they prevent the state from showing the prior beyond a reasonable doubt.

State v. Aman D. Singh, 2015AP850-CR, District 4, 1/7/16 (one-judge decision; ineligible for publication); case activity

Singh, appealing pro se, seeks to reverse a twelve-year-old OWI-second conviction for which his sentence is long over. 

State v. Keith D. McEvoy, 2015AP1262, District 4, 12/30/2015 (one-judge decision; ineligible for publication); case activity (including briefs)

Under the facts of this case, the temporary suspension of McEvoy’s license based on his blood alcohol content didn’t equitably estop the State from seeking to revoke his license based on his refusal to submit to a chemical test of his blood.

State v. Bradley A. Anderson, 2015AP1573-CR, 12/23/15, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Anderson’s consent to a blood draw after his OWI arrest was not vitiated by being told that, if he refused the blood draw, his driving privileges would be revoked and the officer would get a warrant for a blood draw. In addition, the circuit court properly found that Anderson didn’t later withdraw his consent to the blood draw.

State v. Frank E. Pilarski, 2015AP425, District 2, 12/23/15 (not recommended for publication); case activity (including briefs)

Pilarski sexually assaulted a child in his in-home day care; the court of appeals upholds a restitution award for the child’s mother’s reduced work hours necessitated by her unwillingness to use any other in-home day care after the assaults.

State v. Tommy K. Miller, 2015AP1211-CR, District 4, 12/23/15 (one-judge decision; ineligible for publication); case activity (including briefs)

The seizure of Miller’s car was justified under the community caretaker doctrine because the officer’s observations led him to believe Miller’s passenger was in distress. Having lawfully seized the car, the officer’s subsequent discoveries gave him reason to ask Miller to perform field sobriety tests (FSTs) and submit to a preliminary breath test (PBT).

State v. Charles Ray Stewart, 2014AP276-CR, District 1, 12/22/15 (not recommended for publication); case activity (including briefs)

The warrantless search for and seizure of evidence from Stewart’s apartment was lawful because, after Stewart allowed police to enter the apartment and was arrested, the community caretaker doctrine allowed police to remain in the apartment to assure Stewart’s dog was cared for, and the office could seize evidence discovered in plain view.