On Point: C. Unpublished Opinions

State v. Constance Ilene Osborne, 2012AP2540-CR, District 4, 6/27/13; court of appeals decision (1-judge; ineligible for publication); case activity

The results of a blood draw done by an EMT at the jail after Osborne was arrested for OWI were admissible because the method and manner of the blood draw were reasonable and the EMT was acting under the direction of a physician, as required by § 343.305(5)(b).

State v. Brian Kiale Little, 2012AP2162, District 4, 6/27/13; court of appeals decision (1-judge; ineligible for publication); case activity

A year after Little pled no contest to carrying a concealed weapon he filed a motion for return of the gun and ammunition involved in the offense. The circuit court denied the motion because § 968.20(1m)(b) prohibits return of a dangerous weapon to a person who committed a crime involving the use of the weapon.

State v. Joseph Jordan, 2011AP1249, District 1, 6/25/13; case activity; (not recommended for publication).

What a challenging case.  A jury convicted Jordan of first-degree reckless homicide and other crimes.  He lost his direct appeal and then filed a pro se §974.06 motion requesting various forms of relief, including a new trial based on: (a) newly-discovered evidence, and (b) ineffective assistance of counsel. He also filed several requests for counsel,

State v. Ebony D., 2013AP619, 2013AP620, & 2013AP621, District 1, 6/25/13; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP619; 2013AP620; 2013AP621

The continuing need for protection and services grounds for termination of parental rights, § 48.415(2), is not unconstitutional as applied to Ebony D. because the evidence shows she was able to meet the continuing-CHIPS order’s conditions for return despite her claim that her cognitive limitations made it impossible for her to fulfill the conditions.

City of Port Washington v. David A. Thompson, 2012AP2500, District 2, 6/26/13; court of appeals opinion (1-judge; ineligible for publication); case activity

The trial court did not err in allowing Hackworthy, the state’s chemical test expert, to give her opinion that Thompson’s BAC at the time of driving was 0.15 based on average alcohol elimination rates and the results of a blood test taken about an hour after driving (with a result of 0.15) and a breath test taken about two hours after driving (with a result of 0.11).

State v. Michael T. O’Haver, 2011Ap2930-CR, District 2/4, 6/20/13; court of appeals decision (not recommended for publication); case activity

Change of venue

The circuit court did not erroneously exercise its discretion in denying O’Haver’s motion to change venue, applying State v. Albrecht, 184 Wis. 2d 287, 306, 516 N.W.2d 776 (Ct. App. 1994). There were a limited number of potentially objectionable pretrial media reports describing the homicide and distress of the victim’s family.

State of Wisconsin/City of Sturgeon Bay v. Bradley H. Hart, 2013AP85, District 3, 6/18/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court’s finding that Hart refused a chemical is not clearly erroneous, despite Hart’s being from Illinois, where the law is different, and his acquiescence, without physical resistance, to the blood draw done after his initial refusal. He was advised of Wisconsin law before he was asked to submit to a test,

Patrick J.T. v. Shelly S., 2013AP778 and 2013AP779, District 4, 6/13/13; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP778; 2013AP779

Under the totality-of-the-circumstances standard for determining whether a parent has assumed parental responsibility, Tammy W-G. v. Jacob T., 2011 WI 30, ¶22, 333 Wis. 2d 273, 797 N.W.2d 854, the evidence was sufficient to establish that Shelly S.

State v. Christopher James Athas, 2012AP2151-CR, District 1, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court properly considered previous sexual assault charges that had been dismissed when it was deciding whether to order Athas to register as a sex offender after his conviction for fourth degree sexual assault:

¶3        …. Whether to order sex-offender registration is part of the circuit court’s sentencing discretion. 

State v. Christina V., 2013AP405-FT, District 3, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity

The evidence was sufficient to support the trial court’s order adjudicating Christina delinquent of disorderly conduct despite the judge’s comments that what happened in the case was “somewhat of a guess” and that his conclusions were “[m]y best guess” and based on what “I suspect” happened. (¶¶12-13).

Though the trial court found none of the witnesses “all that reliable”