On Point: C. Unpublished Opinions

State v. Anthony R. Giebel, 2013AP1874-CR, District 2, 4/9/14; c0urt of appeals decision (1-judge; ineligible for publication); case activity

Giebel challenged his misdemeanor repeater sentence based on the holding in State v. Gerondale, Nos. 2009AP1237/1238-CR, unpublished slip op. (WI App Nov. 3, 2009). While his appeal was pending, the court of appeals decided State v. Lasanske, 2014 WI App 26,

Dane County DHS v. Latasha G., 2014AP45 & 2014AP46, District 4, 4/3/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2014AP45; 2014AP46

Latasha argues she was determined to be unfit based on a condition that was impossible for her to satisfy due to an order in criminal cases barring any contact with the girls. Thus, the termination violated her substantive due process rights under Kenosha Cnty.

State v. Scott Maher, 2013AP1815, District 4, 4/3/14; court of appeals decision (not recommended for publication); case activity

The circuit court impermissibly weighed the relative persuasiveness of conflicting examination reports of experts when it denied Maher’s § 980.09 petition without holding a discharge hearing when it said it had “some ability apparently to assess the accuracy of the expert’s report or their qualifications” and concluded that the “wildly different conclusions”

State v. Kadeem R., 2013AP2769, District 2, 4/2/14; court of appeals decision (1-judge; ineligible for publication); case activity

The juvenile court didn’t erroneously exercise its discretion under § 938.18 when it waived jurisdiction over a 16-year-old with no prior juvenile history for being an accomplice to an attempted nonviolent burglary. (¶¶2-5). There was no issue as to prosecutive merit, § 938.18(4), so the question was the application of the criteria under § 938.18(5).

State v. Matthew M. Moskopf, 2013AP771-CR, District 2, 4/2/14; court of appeals decision (one judge; ineligible for publication); case activity

The police had collective knowledge of specific, articulable facts supporting a reasonable suspicion to stop Moskopf’s vehicle where two 911 calls to the police department dispatcher–one from a bartender, another from an off-duty cop–reported that a man had been trying to get back into a bar he had been kicked out of,

Mareza L. v. Kim M.P., 2013AP1382, District 1, 4/1/14; court of appeals decision (1-judge; ineligible for publication); case activity

The plain language of § 48.46(2) limits the time for any motion to reopen a judgment terminating parental rights, regardless of the grounds for the motion. Thus, even though Mareza now claims her voluntary termination was not, in fact, voluntary, her failure to bring a motion to reopen the judgment within the statute’s time limits means the circuit court properly denied the motion.

Barron County DHHS v. Maria A., 2013AP2735, District 3, 4/1/14; court of appeals decision (1-judge; ineligible for publication); case activity

Under the highly deferential standard of review for sufficiency claims, State v. Quinsanna D., 2002 WI App 318, ¶30, 259 Wis. 2d 429, 655 N.W.2d 752, the evidence was sufficient to support the finding that Maria failed to assume parental responsibility for her daughter,

State v. Jimmy L. Powell, 2013AP1111-CR, 3/27/14, District 4; (not recommended for publication); case activity

This appeal stems from a 1st-degree reckless injury conviction.  Powell, a drug dealer, ran over and/or cut his client’s throat during a deal. His enthusiastic, 38-page initial brief raises 7 issues for review.  This post examines the court of appeals’ decision on 2 of them.

“Other Acts” Evidence Issue: Whether the circuit court erred in admitting “other acts”

Mary E.B. v. Cecil M., 2014AP160, District 2, 3/26/14; court  of appeals decision (1-judge; ineligible for publication), petition for review granted, 9/18/14, appeal voluntarily dismissed 12/17/14; case activity

The circuit court properly found that a mother who petitioned to terminate the father’s parental rights did not prove the father failed to assume parental responsibility, § 48.415(6). The court of appeals rejects the mother’s arguments that the circuit court applied an erroneous legal standard and that its decision is not supported by the record.

State v. Jeffrey D. Marker, 2013AP2725-CR, District 2, 3/26/14; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court erred in dismissing a complaint charging Marker with operating under the influence of a controlled substance because the complaint was sufficient to establish probable cause, applying Lofton v. State, 83 Wis. 2d 472, 478, 266 N.W.2d 576 (1978). After police received a tip about a reckless driver,