On Point: C. Unpublished Opinions

State v. Tammy S. Cole, 2013AP947-CR, District 4, 2/27/14; court of appeals decision (not recommended for publication); case activity

The trial court did not err in declining to instruct on second-degree reckless homicide or homicide by negligent handling of a dangerous weapon, as Cole requested at her trial on one count of first degree intentional homicide for shooting Evans, her boyfriend:

¶14      The evidence viewed in the light most favorable to Cole does not support submission of these lesser-included offenses.

Wood County Human Services Dep’t v. Melanie M., 2013AP2814, 2013AP2815, & 2013AP2816, District 4, 2/27/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP2814; 2013AP2815; 2013AP2816

Foster parent testimony during the grounds phase of a TPR proceeding has the potential to be prejudicial because it creates a risk the jury will reach a verdict by comparing the biological parent to the foster parent;

State v. Keith R. Friederick, 2013AP1609, District 4, 2/27/14; court of appeals decision (1-judge; ineligible for publication); case activity

Friederick was not seized by officer who approached him on the street and said sought to talk to him, applying United States v. Mendenhall, 446 U.S. 544 (1980), along with State v. Griffith, 2000 WI 72, ¶53, 236 Wis. 

Village of Little Chute v. Ronald A. Rosin, 2013AP2536, District 3, 2/25/14; court of appeals decision (1-judge; ineligible for publication); case activity

Rosin argues that field sobriety tests are searches under the Fourth Amendment because “[a]n inherent right as a human being is to control and coordinate the actions of [his or her] own body[,]” and, therefore “a fundamental expectation of privacy is implicated when a person is subject to the performance of [field sobriety tests].” (¶12).

State v. Chonsea Jerome King, 2013AP1068-CR, District 4, 2/13/14; court of appeals decision (not recommended for publication); case activity

A police officer saw a car parked in a lot linked by “numerous [pieces of] intelligence” to illegal drug activity. It was 9:25 p.m. The officer watched it for about five minutes, but did not see anyone exit the vehicle or any activity outside the vehicle, though they did observe the interior lights in the car turn on and off “a couple [of] times.” (¶3).

Dane County DHS v. Nancy M., 2013AP1886 & 2013AP1887, District 4, 2/13/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP1886; 2013AP1887

During the first day of a fact-finding hearing to the court to determine whether there were grounds to terminate Nancy’s parental rights, the trial court admitted evidence about Nancy’s bonding with her two children. Nancy objected, and the County and GAL agreed the line of questioning was not relevant to the grounds phase of the TPR proceeding,

Aaron W.M. v. Britany T.H., 2013AP2123, District 4, 2/13/14; court of appeals decision (1-judge; ineligible for publication); case activity

Britany claimed trial counsel was ineffective for not objecting to: 1) hearsay testimony from the child’s father that related incidents of Britany’s bad parenting;  and 2) the petitioner’s “golden rule” rule argument during closing, which asked the jurors to view the case as if the child were their own, thus improperly asking the jurors to “internalize and personalize the case,

State v. Lamont C., 2013AP1687, District 1, 2/11/14; court of appeals decision (1-judge; ineligible for publication); case activity

¶14      We conclude under the facts in this case that [Officer] Hoffman did have reasonable suspicion … to stop … Lamont C. Hoffman, relying on information provided to him by a robbery victim, located Lamont C. within minutes of the robbery. In the limited time Hoffman was able to speak with the victim,

State v. Lawrence A. Levasseur, Jr., 2013AP2369-CR, District 4, 2/6/14; court of appeals decision (1-judge; ineligible for publication); case activity

The arresting officer used an implied consent form that pre-dated the 2009 amendments to § 343.305, so it omitted language about accidents involving death or serious injury–language that did not apply to Levasseur’s situation. The use of the outdated form didn’t strip the resulting blood test result of its statutory presumption of admissibility and accuracy,

City of Lancaster v. Todd A. Chojnowski & Eric T. Chojnowski, 2013AP1593 & 2013AP1594, District 4, 2/6/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP1593; 2013AP1594

Arrest under § 968.075, the mandatory arrest law for domestic abuse offenses, doesn’t preclude a charge under city disorderly conduct statute. While § 968.085(8) prohibits the issuance of a “citation” to a person arrested under § 968.075,