On Point: C. Unpublished Opinions

State v. Daniel Scott Klinkenberg, 2015AP331-CR, District 4, 11/5/15 (1-judge opinion, ineligible for publication); case activity (including briefs)

This is one of those really fact-specific decisions.  The centerpiece of the State’s case against Klinkenberg for retail theft was security camera footage that did not show him concealing merchandise of leaving the store with unpurchased merchandise. Yet the jury convicted, and the court of appeals affirmed.

State v. Mendell Stokes, 2015AP1335-CR, District 2, 11/4/15 (one-judge decision; ineligible for publication); case activity (including briefs)

Applying State v. Spaeth, 206 Wis. 2d 135, 556 N.W.2d 728 (1996), the court of appeals holds the record provided “competent proof” that Stokes was operating after revocation for a prior OWI offense and, thus, was subject to criminal penalties instead of a civil forfeiture, § 343.44(1)(b) and (2)(ar)2.

N.A.H. v. J.R.D., 2015AP1726, 2015AP1727, and 2015AP1728, District 4, 10/29/15 (one-judge decision; ineligible for publication); case activity (first case number)

The petition to terminate J.R.D.s parental rights set forth sufficient facts to support the allegation that J.R.D. had failed to assume parental responsibility.

State v. Joseph William Netzer, 2015AP213, District 4, 10/29/15 (one-judge decision; ineligible for publication); case activity

¶1     …. Netzer argues on appeal that he received ineffective assistance of counsel, was denied his constitutional right to a jury trial, and that the results of his blood tests were impermissibly admitted into evidence. We conclude that Netzer possessed no constitutional right to effective assistance of counsel in a civil proceeding,

State v. Joshua Allan Vitek, 2015AP421-CR, District 3, 10/27/15 (one-judge decision; ineligible for publication); case activity (including briefs)

Under State v. Newer, 2007 WI App 236, 306 Wis. 2d 193, 742 N.W.2d 923, police may reasonably assume the driver of a car is likely to be the owner, and may stop the car if they know the owner’s operating privileges are invalid. But what if more than one person owns the car, but only one of the owners has an invalid license? The state claims that a traffic stop is still justified by the fact that one of the owners has an invalid license. The court of appeals disagrees, at least when—as in this case—the state presents no evidence as to the number of registered owners and the validity of their operating privileges.

State v. K.G., 2015AP245, District 1, 10/27/15 (one-judge decision; ineligible for publication); case activity

K.G.’s stipulation to the failure-to-assume-parental-responsibility ground alleged in the TPR petition was valid even though K.G.’s later statements during the disposition hearing suggest he misunderstood what the state would have to prove to establish that ground for termination.

State v. B.A.H., 2015AP1256-FT, District 4, 10/22/15 (one-judge decision; ineligible for publication); case activity

While restitution is a possible disposition in a proceeding involving a juvenile in need of protection or services (JIPS), it can only be ordered when there has been a finding a finding the juvenile committed a delinquent act. Because there was no such finding in the JIPS case involving B.A.H., the juvenile court had no authority to order restitution.

Sauk County DHS v. A.C., 2015AP898 & 2015AP899, District 4, 10/22/15 (one-judge decision; ineligible for publication); case activity

A.C.’s trial lawyer was not ineffective for failing to take steps to exclude evidence about the termination of A.C.’s rights to a child in a prior case and about her parenting conduct toward that child and another child.

X.J. v. G.G., 2015AP1549, District 3, 10/21/15 (one-judge decision; ineligible for publication); case activity

Under § 48.42(1), an adoptive parent may join the biological parent in a petition to terminate the parental rights of the other biological parent, and because joining the petition makes the adoptive parent a party, the adoptive parent is not subject to sequestration as a witness.

La Crosse County HSD v. C.J.T., 2015AP252, District 4, 10/16/15 (one-judge decision; ineligible for publication); case activity

The fact that the County’s attorney handling this TPR proceeding retained the GAL in the case to represent the her in an unrelated personal injury matter didn’t create a conflict of interest that required a new trial.