On Point blog, page 159 of 262
Reference to contents of DOC records at ch. 980 trial wasn’t improper
State v. Jon F. Winant, 2014AP1944, District 1, 7/21/16 (not recommended for publication); case activity (including briefs)
Paperwork created by DOC during the revocation of Winant’s parole and probation for having unsupervised contact with A.G., a minor, was properly admitted at Winant’s ch. 980 trial under § 908.03(8), the public records and reports exception to the hearsay rule.
Driveway wasn’t part of curtilage
Oconto County v. Joseph R. Arndt, 2014AP2955, District 3, 7/21/15 (one-judge decision; ineligible for publication); case activity (including briefs)
Arndt was not arrested within the curtilage of his home under the test established by United States v. Dunn, 480 U.S. 294 (1987).
Circuit court’s Ch. 51 decision appropriately relied upon expert report that was based upon hearsay
Walworth County DHS v. M.M.L., 2014AP2845, 7/15/15, District 2 (one-judge opinion, ineligible for publication); case activity (including briefs)
The court of appeals affirms the involuntary commitment for M.M.L. under § 51.20(1)(a)2.c., which requires evidence of impaired judgment based on recent acts or omissions showing a substantial probability that she would physically impair or injure herself or others. It rejects her challenges to the sufficiency of evidence and the testifying examiner’s references to hearsay he relied on when forming his opinion.
Circuit court erred in telling jurors they would decide if witness was qualified as expert, but error was harmless
State v. Aaron Schaffhausen, 2014AP2370-CR, District 3, 7/14/15 (not recommended for publication); case activity (including briefs)
It was error for the circuit court to tell jurors at the mental-responsibility phase of Schaffhausen’s NGI trial that they would decide whether a defense psychiatrist and psychologist were qualified as expert witnesses, but the error was harmless. In addition, the circuit court did not misuse its discretion in denying the jury’s request during deliberations to provide it with the expert witnesses’ reports.
Notice that juvenile adjudication bars firearm possession isn’t an element of crime under § 941.29
State v. Dijon L. Carter, 2014AP2707-CR, District 1, 7/14/15 (not recommended for publication); case activity (including briefs)
While a court adjudicating a juvenile delinquent for a felony is required to warn the juvenile about the prohibition on possessing a firearm under § 941.29, the warning requirement doesn’t add another element to the offenses created by § 941.29. Thus, Carter can be convicted of violating § 941.29(2)(b) even though he wasn’t warned about the ban on firearm possession when he was adjudicated delinquent for possession of THC with intent to deliver.
Change in evaluator’s opinion based on change in research merits ch. 980 discharge hearing
State v. Kerby G. Denman, 2014AP2133, District 4, 7/9/15 (not recommended for publication); case activity (including briefs)
Denman is entitled to a hearing on his petition for discharge from his ch. 980 commitment because an expert changed her opinion about Denman’s risk to reoffend based on a new risk assessment scale that hadn’t been relied on by any of the experts at Denman’s previous discharge proceeding.
Driveway wasn’t part of curtilage; and officer didn’t trespass by walking down driveway to backyard
State v. Rachael A. Dickenson, 2015AP277-CR, District 2, 7/8/15 (one-judge decision; ineligible for publication); case activity (including briefs)
The police didn’t enter the curtilage of Dickenson’s home or commit a trespass by walking up her driveway toward the back of her house.
Multiple challenges to OAR conviction rejected
State v. Robert C. Blankenheim, 2015AP239-CR, District 2, 7/8/15 (one-judge decision; ineligible for publication); case activity (including briefs)
Blankenheim’s challenges his OAR conviction by arguing that he was unlawfully stopped, that the evidence wasn’t sufficient to prove operation on a highway, and that the police officer wasn’t a credible witness. The court of appeals disagrees “on all points….” (¶1).
Prosecutor’s remarks didn’t imply that state was distancing itself from its sentencing recommendation
State v. Warren E. Schabow, 2014AP1254-CR, District 3, 7/7/15 (not recommended for publication); case activity (including briefs)
Based on the entire sentencing proceeding, the state didn’t breach the plea agreement because the prosecutor’s remarks did not insinuate the state was distancing itself from, or casting doubt on, its own sentencing recommendation.
Trial court’s errors in taking admission to TPR grounds were harmless
State v. Jodie A., 2015AP46 & 2015AP47, District 1, 7/7/15 (one-judge decision; ineligible for publication); case activity
The trial court that accepted Jodie A.’s admission as to grounds to terminate her parental rights failed to comply with two of the requirements for accepting an admission set forth in § 48.422(7)—namely, the court didn’t inquire about adoptive resources and didn’t require the submission of a report concerning potential financial exchanges. The errors were harmless, however.