On Point: C. Unpublished Opinions

City of Stevens Point v. Todd P. Beck, 2015AP978, District 4, 12/17/15 (one-judge decision; ineligible for publication); case activity

State law confers automatic admissibility on the results of blood alcohol tests performed in accord with Wis. Stat. § 343.305, but does the plaintiff’s failure to show compliance with that statute render such results inadmissible?

State v. Stephen Toliver, 2014AP2939-CR, 12/15/15, District 1 (not recommended for publication);case activity

Here, in Wisconsin’s very own Jarndyce v. Jarndyce, the court of appeals upholds the denial of Toliver’s motion to withdraw his guilty plea, the circuit court’s refusal to vacate his felony murder plea, and the circuit court’s denial of his ineffective assistance of counsel claim.

Adams County DHHS v. D.S., 2015AP1937, District 4, 12/10/2015 (one-judge decision; ineligible for publication); case activity

D.S. appeals the termination of her parental rights to her daughter, raising a substantive due process challenge to the jury’s finding of unfitness and contending that the circuit court erroneously found termination to be in the child’s best interest.

State v. L.C., 2015AP1460, District 1, 12/4/15 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in terminating L.C.’s rights to her child T.C. because, as required by § 48.426(3)(c) and State v. Margaret H., 2000 WI 42, 26, 234 Wis. 2d 606, 610 N.W.2d 475, the court considered whether T.C. had substantial relationships with his mother and siblings and whether severing those relationships would harm T.C.

State v. Thomas Treadway, 2015AP591, District 1, 12/1/15 (not recommended for publication); case activity (including briefs)

The evidence in the record is sufficient to support an order for involuntary medication under § 51.61(1)(g)4(intro.) and b.

State v. Davis Kevin Lewis, 2014AP2773-CR, District 1, 12/01/2015 (not recommended for publication); case activity (including briefs)

Lewis (whose first name is itself a matter of dispute, (¶1 n.2)) brings three challenges to his conviction after trial; all are rejected.

State v. Joseph J. VanMeter, 2014AP1852-CR, 11/24/15, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs)

Following the footsteps of State v. Warren, No. 2012AP1727-CR, unpublished slip op. (WI App Jan. 16, 2013), the court of appeals holds that an officer’s testimony about how a defendant performed on an HGN test is not subject to the Daubert test for the admissibility of expert testimony.

State v. Tiron Justin Grant, 2014AP2965-CR, District 1, 11/24/2015 (not recommended for publication); case activity (including briefs)

The court serially takes up and rejects each of Grant’s challenges to his conviction, at trial, of possessing cocaine with intent to deliver, as well as the sentencing court’s denial of ERP/SAP and CIP eligibility.

State v. Eric Christopher Bell, 2014AP2899-CR and 2014AP2900-CR, District 1, 11/24/2015 (not recommended for publication); case activity (including briefs)

Bell raises two challenges to the joinder of ten counts involving five victims; the court rejects both.

State v. Larry D. Wright, 2014AP2672, District 1, 11/24/15 (not recommended for publication); case activity (including State’s brief)

The court of appeals rebuffs Wright’s claim that postconviction counsel was ineffective for not raising a claim of ineffective assistance of trial counsel on direct appeal. The court also rejects Wright’s claim that the trial court engaged in improper ex parte communication with the jury during deliberations.