On Point blog, page 211 of 265
Statute of limitations, § 939.74(1) — sufficiency of “John Doe” complaint’s identification of defendant for purposes of tolling statute of limitations; denial of right to self-representation or to substitution of counsel
State v. Rodney Washington, 2012AP1015-CR, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity
Statute of limitations, § 939.74(1) — sufficiency of “John Doe” complaint’s identification of defendant for purposes of tolling statute of limitations
The crimes in this case—sexual assault and robbery—were alleged to have occurred in 1994 and 1995. In 2000, eleven days before the statute of limitations was to run,
Postconviction motion under § 974.06 – denial of hearing where record conclusively shows no basis for relief
State v. Romey J. Hodges, 2012AP1330, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity
The circuit court properly denied Hodges’s § 974.06 motion alleging that trial counsel was ineffective for failing to investigate, and properly advise Hodges regarding, a self defense claim. Based on the record Hodges has not shown his actions were reasonable self-defense; it is also clear from the record trial counsel knew the law of self-defense and gave Hodges effective representation.
Traffic stop – reasonable suspicion to conduct stop based on anonymous tip
State v. Bryant A. Preinfalk, 2012AP2060-CR, District 4, 3/14/13; court of appeals decision (1-judge, ineligible for publication); case activity
The stop of Preinfalk’s car was lawful because in light of observations made by the officer, the anonymous tip provided reasonable suspicion to conclude the car was occupied by persons who had been involved in a fight at the Sidelines Bar:
¶11 It is not disputed that the tip in this case was anonymous.
Parked driver was seized when officer approached and directed him to roll down his window
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.
Traffic stop — reasonable suspicion found based on weaving in lane, other factors
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.
Bond posted on dismissed case can be applied to a fine imposed on a conviction in another case
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.
Apparent authority to consent to search; voluntariness of consent
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,
Plea withdrawal – adequacy of plea colloquy – failure to advise that court is not bound by plea negotiation; failure to inquire whether defendant coerced or pressured into plea
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,
Interrogation after invocation of right to counsel: functional equivalent of interrogation; suspect’s initiation of further interrogation
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,
TPR – injunction terminating visitation during proceedings; withdrawal of admission to grounds
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.