On Point: C. Unpublished Opinions

State v. Marquese H., 2013AP565, 2013AP566, & 2013AP567, District 1, 5/21/13; court of appeals decision (1-judge, ineligible for publication); case activity: 2013AP565; 2013AP566; 2013AP567

The circuit court properly exercised its discretion in terminating Marquese H.’s parental rights because it considered the factors under § 48.426(1). The court rejects Marquese’s specific claim that the circuit court erred because, under § 48.426(1)(c) and Darryl T.-H.

Dane County DHS v. John L.-B., 2013AP462, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity

This decision rejects Dane County’s appeal from the dismissal of a TPR petition after a jury verdict in favor of the parent. Here’s the factual background:

Dane County filed a TPR petition against John L.-B. in January 2012, alleging failure to assume parental responsibility and six months of abandonment.

Village of Muscoda v. Samuel R. Anderson, 2012AP2216, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity

Police had probable cause to administer a PBT where: the officer noticed an odor of intoxicants emanating from Anderson or his vehicle; Anderson had bloodshot eyes and slightly slurred speech and admitted he had consumed five drinks over the course of the night; and Anderson’s performance on the walk-and-turn and one-leg-stand tests suggested he might be intoxicated.

State v. Leshurn Hunt, 2010AP2516, District 4, 5/16/13 (not recommended for publication); case activity

Issue:  Was defendant’s decision not to testify at trial knowing, intelligent and voluntary on the grounds that; (a) the court conducted a defective colloquy; (b) the defendant was coerced to waive his right to testify; and (c) the defendant received ineffective assistance of counsel?

Holding:  Hunt’s waiver was fine.  The legal test is set forth in State v.

State v. Aaron S. Loos, 2012AP2154-CR, District 3, 5/14/13; court of appeals decision (1-judge, ineligible for publication); case activity

Though Loos was convicted of one misdemeanor and one felony at the same time, the maximum one-year term of probation for the misdemeanor under § 973.09(2)(a)1r. could not be increased by one year under § 973.09(2)(b)2. That statute may be applied only to increase the maximum term of probation on a felony conviction,

State v. Ronell Howlett, 2012AP1672-CR, District 1, 5/14/13; court of appeals decision (not recommended for publication); case activity

Howlett, a school bus driver, was convicted of three counts of sexual assault of C.A., a nine-year-old child he was responsible for driving. (¶¶1-3, 7). Adopting significant portions of the trial court’s postconviction ruling, the court of appeals rejects his claim that trial counsel was ineffective in the following ways:

• Failing to introduce C.A.’s attendance records: C.A.

State v. Brian L. Jackson, 2012AP1008-CR, District 1, 5/14/13; court of appeals decision (not recommended for publication); case activity

Sufficiency of the evidence

In a necessarily fact-specific discussion (¶¶4-5, 10-12), the court of appeals holds there was sufficient evidence to support Jackson’s conviction for being a felon in possession of a firearm despite the existence of evidence to the contrary, which included the lack of Jackson’s DNA on the gun (and other objects) he supposedly discarded during a foot pursuit and the fact the officers lost sight of the men they were pursuing at various times during the chase:

 ¶13      The …

Polk County DHS v. Boe H., 2012AP2612, District 3, 5/7/13; court of appeals decision (1-judge, ineligible for publication); case activity

While the circuit court lacked authority to specify that a person committed to outpatient treatment remain in a group home as a condition of the commitment order (¶14), the county department had the authority to place the person in a group home because that placement does not change the nature of his treatment from “outpatient”

State v. Larry D. Wright, 2012AP1175-CR, District 1, 5/7/13; court of appeals decision (not recommended for publication); case activity

The trial court did not erroneously exercise its discretion in instructing the jury by giving Wis. J.I.-Criminal 172 (evidence of defendant’s conduct showing consciousness of guilt), as it was supported by evidence that Wright bribed the complaining witness to write two letters recanting her allegations. (She testified at trial the recantations were untrue). 

State v. Edward Devon Smart, 2012AP1178-CR, District 1, 5/7/13; court of appeals decision (not recommended for publication); case activity

Smart is not entitled to plea withdrawal based on co-actor’s testimony that he coerced Smart to commit the crime because the coercion evidence could have been presented using other witnesses known to defendant before he entered his plea:

¶7        Smart argues that Rushing’s testimony is new because he did not know Rushing would testify that he forced Smart to rob the victims.