On Point: C. Unpublished Opinions

State v. Earnest Lee Nicholson, 2013AP722-CR, District 1, 10/29/13; court of appeals decision (1-judge; ineligible for publication); case activity

Nicholson was arrested for felony battery of his girlfriend, Marnice Franklin, but the battery charge was dismissed after Franklin failed to appear to testify at trial; Nicholson was also charged with resisting an officer, and that charge proceeded to trial and a guilty verdict. (¶¶2-4). At sentencing on the resisting charge the judge made extensive remarks concerning the alleged battery,

State v. Kari L. Schiewe, 2012AP2767-CR, District 4, 10/24/13; court of appeals decision (1-judge; ineligible for publication); case activity

Applying well-established principles the court of appeals holds that despite the lack of field sobriety tests or other additional investigatory steps there was probable cause to arrest Schiewe for OWI based on information from witnesses and the officer’s own observations of Schiewe at her home. (¶¶14-19). Further, the subsequent blood draw from Schiewe was not tainted by the fact that the police arrested Schiewe in her garage,

State v. Richard P. Hessil, 2013AP944-CR, District 2, 10/23/13; court of appeals decision (1-judge; ineligible for publication); case activity

Hessil, charged with resisting an officer, disorderly conduct, and failure to obey a traffic officer, unsuccessfully moved to admit evidence of citizen complaints and police employment records to cast doubt on the arresting officer’s character for truthfulness, citing Wis. Stat. §  904.04(2). The evidence Hessil sought to admit included allegations of theft from an arrestee,

State v. Dragisa Pavlovic, 2013AP1180-CR, District 2, 10/23/13; court of appeals decision (1-judge; ineligible for publication); case activity

Pavlovic was charged with bail jumping for violating bond conditions that included no contact with his wife or her residence. (¶2). One count alleged he had contact with his wife on July 23; the evidence at trial, however, showed only that he had contact with her residence that day;

Jackson County v. Robert J. Troka, 2013AP317, District 4, 10/17/13; court of appeals decision (1-judge; ineligible for publication); case activity

A police officer lawfully stopped a car traveling in the opposite direction that flashed its high beams at the officer twice, once within about a half mile of the officer, the second time within about 200 feet of the officer, even though the officer’s high beams were not on.

State v. Deandre J. Bernard, 2012AP750-CR, District 4, 10/17/13; court of appeals decision (not recommended for publication); case activity

Trial counsel’s failure to impeach witness with mental health condition was not prejudicial

Trial counsel was not ineffective for failing to impeach the credibility of a witness who testified that Bernard told her “I think I killed a boy.” Bernard argued the witness suffers from a mental condition that affects her perceptions and recollections and that trial counsel should have requested access to the witness’s mental health records and used the records to impeach her.

State v. Michael L. Cramer, 2012AP2547; District 1; October 15, 2013 (not recommended for publication); case activity

A jury convicted Cramer of 1st-degree reckless homicide for the death of his 10-week old son.  Both the Milwaukee County medical examiner and the attending physician testified for the State at trial. In their opinions, the baby died from blunt force injuries, including trauma to the head and brain.  The defendant’s expert testified that the baby’s injuries were caused by “resuscitated Sudden Infant Death Syndrome.”  

State v. Deborah A. Nixon, 2013AP822-CR, District 2, 10/16/13; court of appeals decision (1-judge; ineligible for publication); case activity

Nixon was at the home of a friend who called the police because Nixon was being disorderly and wouldn’t leave; Nixon did leave for a while, but when she returned her friend called police again, who came and ended up arresting her for OWI. (¶2). At trial she testified that she drank as many as three beers after driving back to her friend’s house,

State v. Rodney Vincent McToy, 2013AP832-CR, District 1, 10/15/13, (1-judge; ineligible for publication); case activity

McToy pled guilty to two charges of misdemeanor bail jumping stemming from a domestic dispute with Ms. H. The parties briefed a straightforward Gallion issue:  Did the Milwaukee County Circuit Court erroneously exercise its discretion when it failed to provide a “rational and explainable basis” for the sentence it imposed—200 days in jail for one count and 2 years probation for the other?

State v. Raynard Rashawn Jackson, 2012AP1854, 2012AP1861, and 2012AP1862, District 1, 10/15/13; court of appeals decision (not recommended for publication); case activity: 2012AP1854; 2012AP1861; 2012AP1862

Jackson was alleged to have been involved in a shooting, and as part of their investigation the police constructed a photo array to show to three eyewitnesses, all of whom identified Jackson. (¶¶2, 10-11). The array consisted of photos of Jackson and five other persons.