On Point: C. Unpublished Opinions

State v. Adamis Figueroa, 2013AP47-CR, District 1, 12/3/13; court of appeals decision (not recommended for publication); case activity

Trial counsel was not ineffective for failing to object to the testimony of a police department employee about the content of two recorded conversations in Spanish between Figueroa and J.R., who alleged Figueroa had sexually assaulted her several years ago, when she was a child. (During one conversation J.R. wore a wire and spoke with Figueroa in person;

State v. Trenton James Dawson, 2013AP834-Cr, District 1, 12/3/13 (not recommended for publication); case activity

This decision points up a problem in Wisconsin case law: How does an appellate court analyze “harmless error” in a situation where the trial court denies a motion to suppress a defendant’s confession, which then causes him to plead guilty?

Police interrogated Dawson for 30-45 minutes in the back of a squad car about his friend’s death.  

State v. Kaleb K., 2013AP839, District 4, 11/27/13; court of appeals decision (1-judge; ineligible for publication); case activity

Kaleb posted a video on YouTube that depicted him “rapping” a song about his Spanish teacher. The song used “crude and vulgar sexual language” about the teacher. (¶2). (The trial court was harsher, characterizing the video as “obscene and hate-filled” and “shocking, hard to watch, really disgusting.” (¶3).) Based on the video Kaleb was charged in juvenile court with disorderly conduct under § 947.01(1) and unlawful use of a computerized communication system under § 947.0125(2)(d).

Jessica G. and Joshua G. v. Alicia L., 2013AP1843, District 2, 11/27/13 (1-judge, ineligible for publication); case activity

Issue: Whether Alicia’s L’s consent to the termination of her parental rights was voluntary.

¶6 The circuit court may accept a parent’s voluntary consent to TPR only after questioning the parent and determining that the consent is voluntary and informed. Wis. Stat. § 48.41(2)(a). In making its determination,

Fond du Lac County v. Randal B. Hopper, 2012AP1719, District 2, 11/27/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court properly concluded the defendant did not unlawfully refuse to provide a breath sample because the officer lacked probable cause to arrest him for OWI:

¶10      Considering the collective knowledge of dispatch and the arresting deputy at the time the deputy arrested Hopper,

State v. Victoria M. Milewski, 2013AP1323, District 4, 11/27/13; court of appeals decision (1-judge; ineligible for publication); case activity

After being arrested for OWI Milewski refused a blood test, saying her Christian Scientist beliefs prohibited her from allowing a needle to be inserted in her body; she offered to provide a urine sample instead. (¶¶2-3). At her refusal hearing she asserted her refusal to submit to the blood test for religious reasons was a reasonable objection under State v.

Outagamie County v. Michael H., 2013AP1638-FT, District 3, 11/26/13 (1-judge decision, ineligible for publication), petition for review granted 6/12/14, affirmed, 2014 WI 127; case activity

Michael H. challenges a jury verdict finding him “dangerous” under Wis. Stat. § 51.20(1)(a)2a and involuntarily committing him for mental health treatment.  Given this procedural posture, the court of appeals’ holding seems confined to the facts of this case. 

State v. Niko C., 2013AP1393, District 1, 11/26/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court properly exercised its discretion in denying Niko’s request to stay the requirement that he register as a sex offender under State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1.

First, the court considered the relevant factors under §§ 301.45(1m)(e) and 938.34(15m)(c) and (16).

State v. Antonio Reyes-Ortiz, 2013AP268-CR, District 1, 11/26/13; court of appeals decision (not recommended for publication); case activity

Reyes-Ortiz argued there was an insufficient factual basis for his plea to first degree reckless injury because the victim’s injuries rose only to the level of “substantial bodily harm” under § 939.22(38), not “great bodily harm” under  § 939.22(14), as required by § 940.23(1)(a).

State v. Sidney H. Sawicky, 2013AP1335, District 3, 11/19/13; court of appeals decision (1-judge; ineligible for publication); case activity

Village of Elm Grove v. Brefka, 2013 WI 54, 348 Wis. 2d 282, 832 N.W.2d 121, held that the 10-day limit for requesting a refusal hearing set out in § 343.305(9)(a)4. and (10)(a) is mandatory and cannot be extended, even due to excusable neglect.