On Point: C. Unpublished Opinions

State v. Lavon J. Ash, Sr., 2012AP381-CR, District 2, 8/15/12

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

Ash was sentenced to concurrent terms of one-year initial confinement, one-year extended supervision on two misdemeanor counts, a sentence structure he successfully challenges. Incompatible statutory mandates lie at the heart of the problem. In the first instance, § 973.01(1)  requires bifurcated misdemeanor sentences, which simply isn’t possible for unenhanced misdemeanors: a bifurcated sentence must be served in prison,

Village of Oregon v. Jeremy Florin, 2011AP1708, District 4, 8/16/12

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

Suspected of drunk driving, Florin was followed by a police officer to his home, ignored the officer’s command to stop, and went inside via an open garage. The officer entered the still-open garage, knocked on the door to the home, induced Florin outside and eventually arrested him for drunk driving.

Village of Jackson v. John W. Hespe, 2012AP680-FT, District 2, 8/15/12

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

“Unsafe,” but not necessarily “illegal” rate of speed supported traffic stop, State v. Anagnos, 2012 WI 64, 341 Wis. 2d 576, 815 N.W.2d 675, followed:

¶6        Here, Hespe contends that while the court found that his speed was not normal,

State v. Johnnie Austin, 2011AP2953-CR, District 1, 8/14/12

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

Continued detention of Austin, following an indisputably proper stop for illegal parking, was supported by reasonable suspicion:

¶14      This court disagrees; the trial court properly found Officer Tisher’s continued detention of Austin reasonable.  If, during a valid traffic stop, an officer becomes reasonably suspicious of an individual,

State v. Craig R. Moss, 2012AP259-CR, District 3, 8/14/12

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

Terry stop of Moss’s car supported by reasonable suspicion of involvement in drug activity:

¶10      While patrolling a high crime area in the middle of the night, Steffens observed a vehicle stop briefly in front of a known drug house.  When the vehicle observed Steffens’ squad car,

State v. Yvette A., 2012AP548, District 1, 8/14/12

court of appeals decision (1-judge, not for publication); case activity

Parent’s failure to appear at grounds phase of TPR trial, because she was locked in a mental health unit, supported default judgment, where parent had documented history of checking herself into hospitals despite actual need for psychiatric treatment.

¶13      Because entry of default is a particularly harsh sanction,

State v. Michael P. Green, 2011AP2137-CR, District 2, 8/8/12

court of appeals decision (1-judge, not for publication); case activity

Traffic stop, based on report by gas station attendant of suspected drunk driver, was sufficiently reliable to support investigatory stop.

¶10      This court has previously held that a tip shows sufficient indicia of reliability to justify an investigative stop when the informant identifies himself or herself to the dispatcher,

State v. Anthony S. Irving, 2011AP1908-CR, District 2, 8/8/12

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

A defendant has a constitutional right to self-representation, State v. Imani, 2010 WI 66, ¶20, 326 Wis. 2d 179, 786 N.W.2d 40, but it must be triggered by a “clear and unequivocal” request for self-representation, State v. Darby,

State v. Tracy A. Stokes, 2011AP2379-CR, District 1, 8/7/12

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

Stokes’ § 974.06 motion didn’t “set forth any reason, much a sufficient reason, for failing” to raise in his prior postconviction motion the issues presently raised, therefore the issues are procedurally barred, State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994),

State v. Dragisa Pavlovic, 2011AP2687-CR, District 2, 8/1/12

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

Pavlic’s waiver of counsel so that he could represent himself at trial satisfied State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997).

¶8        As a precautionary measure, the trial court granted Pavlovic a Klessig evidentiary hearing.  We conclude the trial court’s waiver colloquy complied with Klessig.