On Point: C. Unpublished Opinions

State v. Kirk L. Griese, 2015AP180, District 4, 6/18/15 (one-judge decision; ineligible for publication); case activity (including briefs)

There was probable cause to believe Griese was operating under the influence, even though the officer arrested Griese while he was having a Bacardi and Coke in the bar to which he had driven.

Dunn County v. Dennis M., 2014AP2579, District 3, 6/16/15 (one-judge decision; ineligible for publication); case activity

Despite the fact Dennis M. can’t possess a firearm as a result of a prior involuntary commitment order, his appeal from that order is moot because he entered into a voluntary stipulation to recommitment that has expired and not been renewed.

State v. Lance Donelle Butler, Jr., 2014AP1769-CR, District 1, 6/9/15 (not recommended for publication); case activity (including briefs)

Using cell phone tower data provided by Butler’s cell phone service provider to make a map of where Butler had used his cell phone on the day of the crime didn’t require “scientific, technical, or other specialized knowledge” under § 907.02(1); thus, the police officers who created the map didn’t need to be qualified as experts under the statute and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

State v. Amelia A., 2015AP630 & 2015AP631, District 1, 6/9/15 (one-judge decision; ineligible for publication); case activity

While the order extending the placement of Amelia’s children outside of her home did not specifically recite the conditions she needed to meet for the return of her children, the extension order specifically incorporated by reference the original CHIPS order, which did recite the conditions Amelia had to meet for return of the children and warned that failing to meet the conditions could result in termination of her parental rights. Thus, Amelia received the notice required under §§ 48.356(2) and 48.415(2)(a)1. and Waukesha County v. Steven H., 2000 WI 28, 233 Wis. 2d 344, 607 N.W.2d 607.

Ozaukee County DHS v. J.R. and S.R., 2804-2809, 6/3/15, District 2 (one-judge opinion, ineligible for publication); click here for docket

Sec. 48.21(7) allows the circuit court to dismiss or informally dispose of a CHIPS petition, if doing so would be in the best interests of the child and the public. The court of appeals reversed the circuit court’s dismissal of several CHIPS petitions in this case because the children at issue were not in custody. The statute, said the court of appeals, applies only to children who are in custody.

Ozaukee County v. Michael T. Sheedy, 2015AP172, 6/3/15, District 3 (1-judge decision, ineligible for publication); click here for docket and briefs

Sheedy was arrested for OWI and refused to submit to a blood test.  A few weeks later, the circuit court entered a default judgement against him. On appeal, Sheedy, pro se, argued that he in fact wrote to the circuit court and asked to reopen his case within the 10 days required by §343.305(2).  His appeal failed.

Kenosha County v. James H., 2014AP2945, 6/3/15, District 2 (1-judge opinion, ineligible for publication); click here for case activity

James was diagnosed with chronic paranoid schizophrenia and hospitalized many times. He appeal an order extending his involuntary commitment and argued, unsuccessfully, that the county failed to present evidence of recent acts of violence against others and insufficient evidence that he would become dangerous if treatment were withdrawn.

State v. Arron A.-R., 2014AP142, District 1, 6/2/15 (one-judge decision; ineligible for publication); case activity

Arron delinquency adjudication for one count of first degree sexual assault is supported by the testimony of the victim, S.F., but the adjudication for a second count is reversed because the trial court erred in believing that the charge required only sexual contact, not sexual intercourse.

State v. Mary G., 2015AP55, 2015AP56, & 2015AP57, District 1, 6/2/15 (one-judge decision; ineligible for publication); case activity

At the grounds phase of the trial on a TPR petition, the circuit court properly ordered Mary G. to provide the State with notes from her mental health treatment provider and appropriately considered evidence regarding Mary’s failure to manage her medications.

State v. Jeffrey F. Smart, 2014AP2604, District 2, 5/27/15 (one-judge decision; ineligible for publication); case activity (including briefs)

The warrantless entry into Smart’s hotel room was supported by probable cause and justified by exigent circumstances because there was an objective basis to believe there was a risk to the safety of Smart’s children.