On Point: C. Unpublished Opinions

Marathon County v. Zachary W., 2014AP955, District 3, 12/2/14 (1-judge decision; ineligible for publication); case activity

Even if the circuit court erred it provided multiple definitions of the term “drug” when instructing the jury hearing a ch. 51 commitment case.

State v. Faizel K., 2014AP2035 & 2014AP2036, District 1, 12/2/14 (1-judge decision; ineligible for publication); case activity: 2014AP2035; 2014AP2036

In this fact-intensive decision, the court of appeals holds there was sufficient evidence to support the orders terminating Faizel’s parental rights to his sons Mohammed K. and Robeul K.

State v. Ashley L. Eirich, 2014AP1901-CR, District 2, 11/26/14 (1-judge decision; ineligible for publication); case activity

Saying that “[t]raining and experience do not turn police officers into drug-detection canines,” the court of appeals holds that probable cause to search a vehicle based on the odor of raw marijuana did not extend to a search of the bill compartment of the driver’s wallet.

Dane County DHS v. Christina L., 2014AP1437, District 4, 11/20/14 (1-judge decision; ineligible for publication); case activity

There was a factual basis for Christina L.’s no contest plea to grounds for termination under § 48.415(10) because the child in this case, Aiden G-L., was “adjudged” CHIPS within three years of the involuntary termination of her parental rights to another child, Shaun L.

City of Portage v. Kenneth D. Cogdill, 2014AP1492, District 4, 11/20/14 (1-judge decision; ineligible for publication); case activity

Police had probable cause to believe Cogdill had been operating a motor vehicle while under the influence of an intoxicant based on the statements of witnesses, the officers’ own observations, and Cogdill’s statements.

State v. Stephanie M. Przytarski, 2014AP1019-CR, District 1, 11/18/14 (1-judge decision; ineligible for publication); case activity

Przytarski can’t withdraw her plea even if her trial lawyer erroneously told her that she could appeal the trial court’s pretrial order that barred her from introducing certain evidence to defend against charges of interference with child custody.

Nicole Marie Thomas v. Korry Ardell, 2014AP295, District 4, 11/13/14 (not recommended for publication); case activity

The circuit court did not erroneously exercise its discretion in refusing to admit cell phone records because the proponent of the evidence didn’t provide a proper foundation by presenting either the testimony of a qualified witness or a proper certification proving authenticity.

State v. Michael C. Hess, 2014AP268-CR, District 3, 11/11/14 (not recommended for publication); case activity

While the trial evidence was sufficient to support the jury’s verdict that Hess possessed methamphetamine, Hess is entitled to a new trial in the interest of justice because the verdict may have been influenced by evidence offered to proved drugged-driving charges that were dismissed during trial.

State v. Ryan P. O’Boyle, 2014AP80-CR, District 1, 11/4/14 (not recommended for publication); case activity

O’Boyle’s claims of ineffective assistance of counsel are rejected because trial counsel’s performance wasn’t deficient.

State v. Arik James Ulwelling, 2014AP814-CR, District 3, 11/4/14 (1-judge decision; ineligible for publication); case activity

Police had probable cause to stop Ulwelling for violating § 346.14(1), which prohibits motor vehicle operators from following another vehicle “more closely than is reasonable and prudent”—i.e., tailgating.