On Point: C. Unpublished Opinions

State v. Jerome Mark Panick, Jr., 2011AP1107-CR, District 3, 1/4/12

court of appeals decision (1-judge, not for publication); for Panick: Paul G. LaZotte, SPD, Madison Appellate; case activity

The court rejects Panick’s argument that he “substantially complied” with IAD requirements for demanding a speedy trial on a detainer as set forth in § 976.05(3)(b). (Panick concededly fell short of the literal requirements – he mailed a letter to the prosecutor but failed to send it certified or to the local court or to obtain the warden’s certificate.) Fex v.

State v. Luke T. Nirmaier, 2011AP1355-CR, District 3, 12/28/11

court of appeals decision (1-judge, not for publication); for Nirmaier: Michael M. Rajek; case activity

The odor of alcohol on Nirmaier following a traffic accident resulting in substantial bodily injury triggered the implied consent law, notwithstanding absence of probable cause to arrest at that point:

¶9        Wisconsin Stat. § 343.305(3) outlines different scenarios in which an officer may invoke the implied consent law and request a chemical test of an individual’s breath,

Shawano County v. Anne R., 2011AP2040, District 3, 12/28/11

court of appeals decision (1-judge, not for publication); for Anne R.: Donna L. Hintze, SPD, Madison Appellate; case activity

Anne R. challenges the extension of her mental health commitment / involuntary medication order, on the ground the County failed to prove she would be a proper subject for commitment if treatment were withdrawn, § 51.20(1)(am). The court rejects the argument,

State v. Cedric O Clacks, 2011AP338-CR, District 4, 12/22/11

court of appeals decision (not recommended for publication); for Clacks: Jefren E. Olsen, SPD, Madison Appellate; case activity

Evidence held sufficient to prove contested, fourth element of identity theft (intentional representation user of personal identification document of another authorized to use it), § 943.201(2)(a) as party to the crime.

¶15      Specifically, Clacks contends that handing the credit card to a sales clerk to make a purchase and signing the electronic credit card slip cannot,

Dane Co. DHS v. Johnny S., 2011AP1659, District 4, 12/22/11

court of appeals decision (1-judge, not for publication); for Johnny S.: Dennis Schertz; case activity

¶7        Johnny contends he was not able to meaningfully participate at the trial for three reasons.  First, he appeared by telephone, not videoconference, and he did not waive his right to appear by videoconference.  Second, he could not hear what was being said during trial. 

State v. Lisa L. Payne, 2010AP1995-CR, District 3, 12/20/11

court of appeals decision (not recommended for publication); for Payne: Eric R. Pangburn; case activity

The court, in imposing a sentence to prison confinement term of 13 months, expressly took into effect the possibility that Payne’s medical needs would not “be addressed adequately in a county jail.” Upon postconviction challenge to the sentence, “however, the court clarified that the length of Payne’s sentence was not dependent upon the care that she would receive in either jail or prison,”

State v. Charles A. Clayton-Jones, 2010AP2239-CR, District 4, 12/15/11

court of appeals decision (not recommended for publication); for Clayton-Jones: Martin E. Kohler, Craig S. Powell; case activity

 Clayton-Jones resolved a 2006 charge (involving sexual assault of a boy) with a plea bargain, in which the state was to recommend 12 years initial confinement. Before sentencing, he allegedly violated bond conditions, and the state sought to be relieved of its bargained-for allocution limit.

County of Calumet v. Daniel A. Ryan, 2011AP490, District 2, 12/14/11

court of appeals decision (1-judge, not for publication); for Ryan: John M. Carroll; case activity

Officers, investigating a one-car accident, approached Ryan’s home, knocked on his door and “(a)fter several minutes of ‘back and forth,’ Ryan came out of his residence” (admittedly “voluntarily”). Subsequent testing revealed him to be intoxicated and he was convicted of OWI.

State v. Brian S. Wold, 2011AP1518-CR, District 2, 12/14/11

court of appeals decision (1-judge, not for publication); for Wold: Patrick A. Dewane, Jr.; case activity

Report from a named, citizen informant that a particular vehicle was “driving all over the roadway” was sufficiently reliable to support traffic stop for OWI, even though after spotting the vehicle, the officer followed it for a mile without himself observing any traffic violations. 

State v. Tiffany Michelle Flowers, 2011AP1757-CR, District 1, 12/13/11

court of appeals decision (1-judge, not for publication); for Flowers: Daniel A. Necci; case activity

Conviction for carrying a concealed weapon (gun in a purse, in a car), § 941.23, upheld against second amendment challenge to facial validity. Court rejects strict scrutiny test. (The statute was amended by 2011 Wis. Act 35, §§ 50-55, to allow among other things conceal-carry for licensees;