On Point blog, page 210 of 266
Ineffective assistance of counsel — failure to object to or present evidence. Sentencing — exercise of discretion
State v. Danny F. Anton, 2012AP1165-CR, District 2, 4/23/13; court of appeals decision (not recommended for publication); case activity
Ineffective assistance of counsel
In a fact-specific discussion that precludes summary here, the court of appeals holds Anton’s trial attorney was not ineffective for: failing to object to testimony about telephone calls between Anton and a detective, as the evidence was not prejudicial (¶¶10-13);
Automobile exception to warrant requirement — probable cause to search for open intoxicants
State v. Kenneth F. Johnston, 2012AP2427-CR, District 3, 4/16/13; court of appeals decision (1-judge, ineligible for publication); case activity
The search of Johnston’s car was supported by probable cause to believe there were open intoxicants in the car:
¶17 In this case, before [Officer] Wojcik searched the vehicle for open intoxicants, Wojcik smelled the odor of intoxicants emanating from the driver-side door. Wojcik knew, based on Johnston’s preliminary breath test,
First Amendment — Speech — “True Threats.” Stalking and extortion — sufficiency of the evidence
State v. James D. Hills, 2012AP1901-CR, District 4, 4/11/13; court of appeals decision (not recommended for publication); case activity
Hills sent letters and made at least one phone call to an assistant city attorney (ACA) who, he believed, had wrongfully prosecuted him under the city’s disorderly conduct ordinance. In those communications he berated the ACA (calling her incompetent, corrupt, dishonest, deceitful, worthless, and worse), accused her of prosecuting him with perjured testimony so she could collect money for the city,
Terry stop — reasonableness of length of detention. Arrest — probable cause. Newly discovered evidence. Ineffective assistance of counsel.
State v. Alvernest Floyd Kennedy, 2012AP523-CR, District 1, 4/9/13, court of appeals decision (not recommended for publication), petition for review granted 2/19/14, affirmed, 2014 WI 132; case activity
Terry stop — reasonableness of length of detention; arrest –probable cause
Kennedy was the driver of a car that struck a pedestrian. (¶¶3-5). After about 30 minutes on the scene investigating the incident,
TPR — consent to termination; voluntariness
Florence County DHS v. Jennifer B., 2012AP2314, 2012AP2315, and 2012AP2316, District 3, 4/9/13; court of appeals decision (1-judge, ineligible for publication); case activity: 2012AP2314; 2012AP2315; 2012AP2316
Jennifer’s consent to terminate her parental rights to her older children was knowing and voluntary despite the fact she received “advice” from numerous people that consenting to termination for those children might help her get back her youngest child who was in foster care in Michigan.
Jury instruction — erroneously instructing jury that defendant in forfeiture case is presumed innocent
City of West Allis v. Robert C. Braun, 2012AP1199, District 1, 4/9/13; court of appeals decision (1-judge, ineligible for publication); case activity
The trial court erroneously instructed the jury in a municipal forfeiture case that the defendant was presumed innocent, and the City is therefore entitled to a new trial:
¶12 Here, the circuit court seemed to combine both instructions [Wis. J.I.-Criminal 140 and 140A] by informing the jury that Braun was presumed innocent and that the City had the burden of proving,
Jury – selection – “Batson” claim; prosecutor’s failure to provide neutral explanation for striking Native American juror
State v. Karen Lynn Snow, 2012AP2323-CR, District 4, 4/4/13; court of appeals decision (1-judge, not eligible for publication); case activity
Applying the three-part, burden shifting test for Batson claims, see State v. Lamon, 2003 WI 78, ¶28, 262 Wis. 2d 747, 664 N.W.2d 607, the court of appeals concludes the circuit court erred in rejecting Snow’s objection to the prosecutor’s peremptory strike of Whiteeagle,
Arrest – police officer acting outside his jurisdiction under § 66.0313(2)
State v. Michael E. Zinke, 2012AP2087-CR, District 4, 4/4/13; court of appeals decision (1-judge, ineligible for publication); case activity
The stop and arrest of Zinke by a police officer well outside his jurisdiction was proper under a mutual aid statute, § 66.0313(2), even though the officer was “miles away” from his jurisdiction and initiated contact with the agency that had jurisdiction.
These are the facts: A Village of Westfield police officer was traveling on a county highway in Marquette County when he observed a vehicle repeatedly deviating from its designated lane.
Traffic stop – reasonable suspicion; good-faith mistake of fact
State v. Donald D. Laufer, 2012AP915, District 2, 4/3/13; court of appeals decision (recommended for publication); case activity
The officer’s erroneous reading of Laufer’s license plate, which caused the officer to wrongly believe that the plate might not be registered to the vehicle, nonetheless supported stop of the car under the good-faith rule, adopting the reasoning of State v. Reierson, No. 2010AP596, unpublished slip op.
Discretion of trial court — evidentiary decisions; mistrial motions
State v. Desmond Dejuan Laster, 2012AP1739-CR, District 1, 4/2/13; court of appeals decision (not recommended for publication); case activity
The trial court did not erroneously exercise its discretion in making two evidentiary rulings or in denying Laster’s motion for a mistrial.
On the first evidentiary ruling, the court of appeals holds the trial court properly exercised its discretion in allowing the prosecutor to ask Hunt, a defense witness,