On Point: C. Unpublished Opinions

Veronica K. v. Michael K., 2012AP197, District 1, 10/10/12

court of appeals decision (1-judge, ineligible for publication); case activity

Michael K., incarcerated at the time of this TPR trial, appeared by audio-video hookup. He argues that his due process right to meaningful participation, State v. Lavelle W., 2005 WI App 266, ¶2, 288 Wis. 2d 504, 708 N.W.2d 698, in light of his numerous contemporaneous complaints he couldn’t hear the proceedings. 

State v. Kenneth Roberts, 2012AP266, District 3, 10/11/12

court of appeals decision (not recommended for publication); case activity

Discharge hearing wasn’t required on petition, where the sole expert opinion affirmed a high risk of recividism based on “dynamic” factors, notwithstanding that revised actuarial scoring methodology yielded a lower risk for “static” factors. State v. Arends, 2010 WI 46, 325 Wis. 2d 1,

State v. Curtis L. Jackson, 2011AP2698-CR, District 1, 10/10/12; court of appeals decision (not recommended for publication), petition for review granted 2/11/13, affirmed, 2014 WI 4 (1/22/14); case activity

Waiver (Lack of Objection), Generally – Jury Instructions

¶8        … To obtain relief based on a jury instruction to which no objection was made, Jackson must show that “considering the proceedings as a whole,

State v. Darold M., 2012AP1020, District 1, 10/10/12

court of appeals decision (1-judge, ineligible for publication); case activity

Juvenile was not entitled to evidentiary hearing on his plea-withdrawal motion, which was premised on an unchecked box on the plea questionnaire signifying whether he understood the charges.

¶2        We conclude that Darold has not met his burden of showing that plea withdrawal is necessary to prevent a manifest injustice under the juvenile plea statute, 

Cesar Deleon v. Circuit Court for Brown County, 2012AP278, District 3, 10/10/12

court of appeals decision (1-judge, ineligible for publication); case activity

Summary Contempt, §§ 785.01(1)(a), 785.04(2)(b) – “Unit” of Sanctionable Conduct 

Separate, consecutive punishments meted out for each of 11 profane utterances and 1 act of spitting during brief exchange with judge upheld, against argument they “amounted only to a single act of contempt because they took place during a short period of time.”

County of Marathon v. Paul R. DeBuhr, District 3, 2011AP2959, 10/2/12

court of appeals decision (1-judge, ineligible for publication); case activity

¶13      At the outset, we observe that DeBuhr was given the opportunity to raise his concerns about Hackworthy’s testimony and retrograde extrapolation in the circuit court but failed to do so.  DeBuhr never responded to the County’s brief in support of admitting the testimony and never offered any argument in support of his earlier assertion that he believed retrograde extrapolation was “not proper science.”  As a result,

Milwaukee County v. Mary F.-R., 2012AP958, District 1, 10/2/12; court of appeals (1-judge, ineligible for publication), petition for review granted 2/11/13; case activity

Ch. 51 Commitment – Sufficiency of Evidence

Evidence held sufficient to uphold commitment, on issue of “dangerousness,” State v. Poellinger, 153 Wis. 2d 493, 507, 451 N.W.2d 752, (1990), applied:

 ¶12      Here,

State v. Frederick L. Lucht, 2011AP1644-CR, District 4, 9/27/12

court of appeals decision (not recommended for publication); case activity

The record supports the existence of an agreement between Lucht and another to commit the crime of first-degree intentional homicide.

¶28      Lucht refers us to cases standing for propositions that a conspiracy cannot be based on a mere “agreement to negotiate,” see United States v.

State v. Pamela L. Hammersley, 2012AP1131-CR, District 2, 9/26/12

court of appeals decision (1-judge, ineligible for publication); case activity

Stop of vehicle, assertedly for violating local trespassing ordinance, held not supportable:

¶3        It is settled law that a stop cannot be based on an officer’s mistaken understanding of the law.  State v. Longcore, 226 Wis. 2d 1, 3-4, 594 N.W.2d 412 (Ct.

Buffalo County Department of Health & Human Services v. Jennifer C., 2012AP1564, District 3, 9/25/12

court of appeals decision (1-judge, ineligible for publication); case activity

Though not “independently admissible,” a long list of damaging items related to Jennifer’s background (such as theparent’s father’s sexual abuse of his daughters, and Jennifer’s own emotional and sexual abuse by her adoptive parents) was admissible to show the basis for an expert’s opinion that Jennifer was unlikely to meet conditions for return of her children:

¶16      Wisconsin Stat.