On Point: C. Unpublished Opinions

Grant County v. Daniel A. Vogt, 2012AP1812, District 4, 3/14/13; court of appeals decision (1-judge, ineligible for publication), petition for review granted 10/15/13; case activity

Where police officer pulled up behind parked car without activating his emergency lights, approached the car, rapped on the window, and directed the driver to roll the window down, the driver was seized under State v.

State v. Todd A. Laws, 2012AP1930-CR, District 2, 3/13/13; court of appeals decision (1-judge, ineligible for publication); case activity

Stop of Laws’s vehicle was lawful because it was based on reasonable suspicion he was driving while intoxicated, contrasting State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634:

¶9        Each case stands on its own unique facts; however, the conduct in this case arguably provided more reason for suspicion than that in Post.  

State v. Erwin D. Beckom, 2012AP159-CR and 2012AP160-CR, District 4, 3/7/14; court of appeals decision (1-judge, ineligible for publication); case activity

The trial court properly applied bond posted in one case to a fine imposed in a different case even though the complaint in the case in which the bond was posted was dismissed:

¶9        Beckom interprets the statutory language “the complaint against the defendant has been dismissed … the entire sum deposited shall be returned” in Wis.

State v. Antoine Lamont Massey, 2012AP1124-CR, District 1, 3/5/13; court of appeals decision (not recommended for publication); case activity

A daughter of the leaseholder had both actual and apparent authority to consent to a search of the apartment, including the back bedroom in which drugs were found, applying, among other cases, State v. Tomlinson, 2002 WI 91, 254 Wis. 2d 502, 648 N.W.2d 367,

State v. Stephen Robert Felix Schurk, 2012AP1501-CR, District 1, 3/5/13; court of appeals decision (1 judge; ineligible for publication); case activity

Schurk was not entitled to plea withdrawal even though the judge did not specifically inform Schurk that he was not bound by the parties’ plea agreement because the information was conveyed to Schurk in other ways:

¶11      …. [The court’s] colloquy advised Schurk that with regard to certain aspects of the sentencing,

State v. Lee Yang, 2012AP1126-CR, Districts 1/4, 2/28/13; court of appeals decision (not recommended for publication); case activity

Yang was being interrogated about the shooting death of his ex-wife’s boyfriend when he invoked his right to counsel. Interrogation ceased and he was taken to jail. (¶¶3, 5). Several hours later, Gomez, a homicide detective, visited Yang in jail. (¶7). Gomez had not been involved in the earlier interrogation, but he did help execute a search warrant at Yang’s home,

Racine County v. Kimberly M.K. and Jessie R.R., 2012AP1346, District 2, 2/21/13; court of appeals decision (1-judge, ineligible for publication); case activity

TPR – injunction terminating visitation during proceedings

An injunction prohibiting visitation is authorized in involuntary TPR proceedings if the prohibition is in the best interests of the child. Wis. Stat. § 48.42(1m)(c). Section 48.42 does not define “best interests,” but case law establishes that there must be a showing of a risk of harm to the child before terminating parent-child visitation.

State v. Ryan L. Kohlhoff, 2012AP1144-CR, 2/14/13; court of appeals decision (1-judge, ineligible for publication); case activity

Plea withdrawal – information about collateral consequences of plea

Plea colloquy telling Kohlhoff that, if he pled no contest to a misdemeanor crime involving domestic violence, he would “lose [his] right to carry a firearm under federal law” accurately informed Kohlhoff of the collateral consequences of his plea,

State v. Amanda Kratochwill, 2012AP2076-CR, District 4, 2/14/13; court of appeals decision (1-judge; ineligible for publication); case activity

Police  had probable cause to arrest Kratochwill for OWI where:

• Car was stopped for speeding (¶2);
• Upon  approaching the car the officer noted a strong smell of intoxicants and an open beer in the front passenger cup holder (¶2);
• When told she was speeding,

State v. Heather Tollefson, 2012AP1641-CR, District 4, 2/14/13; court of appeals decision (1-judge; ineligible for publication); case activity

A police officer had probable cause to stop Tollefson for failing to fully stop for a flashing red traffic light. The officer saw a red vehicle approach an intersection with flashing red lights in each direction. (¶3). A gray vehicle followed behind the red vehicle. (¶3). The red vehicle stopped before going through the intersection;