On Point: C. Unpublished Opinions

State v. T.N., 2014AP2407 & 2014AP2408, District 4, 9/10/15 (one-judge decision; ineligible for publication); case activity

The circuit court properly entered a default judgment against T.N. in his TPR proceeding when, despite the court’s warnings and admonitions, T.N. failed to appear at a scheduled court appearance.

State v. Manuel Talavera, 2015AP701-CR, District 2, 9/9/15 (one-judge decision; ineligible for publication); case activity (including briefs)

To  justify a warrantless traffic stop based on a violation of § 346.34(1)(b), the officer doesn’t need evidence that a driver’s failure to signal before turning his vehicle actually affected other traffic because the statute simply requires motorists to signal turns whenever “other traffic may be affected by the movement.” Thus, evidence that Talavera failed to signal when there was a (police) vehicle following two car lengths behind him was sufficient to justify stopping him.

Ozaukee County v. C.Y.K., 2015AP1080-FT, District 2, 9/9/15 (one-judge decision; ineligible for publication); case activity

Even though the examining psychiatrist opined that C.Y.K. was not substantially incapable of making an informed choice about accepting or refusing medication or treatment, the record as a whole supported the circuit court’s order for involuntary medication and treatment.

State v. Emiliano Calzadas, 2015AP162-CR, District 4, 9/3/15 (one-judge decision; ineligible for publication); case activity (including briefs)

An officer stopped the vehicle Calzadas was driving because registered owner—who was female—had a suspended driver’s license; but immediately after stopping the car the officer realized Calzadas was male and thus not the registered owner. Even if the reason for the stop dissipated when the officer learned that Calzadas was not the registered owner, the officer’s request for and verification of Calzadas’s identification did not transform what was initially a lawful stop into an unreasonable seizure.

State v. Eriberto Valadez, 2014AP2855-CR, District 1, 9/1/15 (not recommended for publication); case activity (including briefs)

Under State v. Goetz, 2001 WI App 294, 249 Wis. 2d 380, 638 N.W.2d 386, Valadez wasn’t in custody for Miranda purposes during the execution of a search warrant of his home, so the police questioning of him during that time didn’t have to be preceded by Miranda warnings.

State v. Bradley Wayne Phillips, 2014AP2519-CR, District 1, 9/1/15 (not recommended for publication); case activity (including briefs)

Phillips challenges his conviction for failing to pay child support because:  (1) the trial court prohibited testimony from an expert witness about whether Phillips was employable; (2) the postconviction court did not find Phillips’s defense counsel ineffective for allegedly failing to present a plea offer from the State; (3) the postconviction court denied Phillips a Machner hearing on his multiple other allegations of ineffective assistance of counsel; and (4) the postconviction court denied Phillips’ motion for resentencing.  The court of appeals rejects all of Phillips’s claims. 

State v. M.H., 2015AP711, District 1, 9/1/15 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in concluding that M.H. had not shown that her termination of parental rights proceeding should be reopened based on her “excusable neglect” in failing to appear at the dispositional hearing.

State v. Sharod D. Weaver, 2015AP170-CR, District 3, 8/31/15 (one-judge decision; ineligible for publication); case activity (including briefs)

Though the sentencing court made comments suggesting it mistakenly believed the OWI sentencing guidelines “don’t consider the four primary sentencing factors,” these comments don’t show the sentencing court actually believed that; rather, the court of appeals concludes, the sentencing court was saying that following the guidelines was not appropriate in Weaver’s case. Thus, the sentencing court didn’t misuse its discretion.

Columbia County v. Jessica N. Johnson, 2015AP332, District 4, 8/27/15 (one-judge decision; ineligible for publication); case activity (including briefs)

The arresting officer had reasonable suspicion to extend Johnson’s detention and ask her to do field sobriety tests based on additional information he gleaned after the initial contact with Johnson. State v. Betow, 226 Wis. 2d 90, 93-95, 593 N.W.2d 499 (Ct. App. 1999), applied.

State v. David Francis Walloch, 2015AP574, District 2, 8/26/16 (one-judge decision; ineligible for publication); case activity (including briefs)

The evidence presented at Walloch’s refusal hearing supported the finding that Walloch was the person the officers arrested and who refused to submit to chemical testing.