On Point: C. Unpublished Opinions

State v. Levi Alexander Rodebaugh, 2011AP2659-CR, District 4, 4/5/12

court of appeals decision (1-judge, not for publication); for Rodebaugh: Bryon J. Walker; case activity

Grant of mistrial was unsupported by “manifest necessity,” hence was an erroneous exercise of discretion, where the complainant failed to show for trial and couldn’t be quickly located. Retrial is therefore barred as a matter of double jeopardy:

¶9        After Rodebaugh’s jury was sworn and jeopardy attached,

State v. Christopher J. Anderson, 2009AP3053-CR, District 1, 3/27/12

court of appeals decision (not recommended for publication); pro se; case activity; prior history: 2008AP504-CR

Anderson’s prior appeal established that “the trial court erred when it denied his request for an in camera review of [police] personnel files because he had both a constitutional and statutory right to any exculpatory or impeachment evidence in the files,”

State v. Dawn M. Fletcher, 2011AP1356-CR, District 3, 3/27/12

court of appeals decision (1-judge, not for publication); for Fletcher: Earl J. Luaders, III; case activity

The court upholds search of a car following a drug dog alert which occurred while an officer was still processing a warning ticket for a conceded traffic violation:

¶7        On appeal, Fletcher concedes the initial stop was lawful.  She argues the dog sniff was illegal because the officer had no reasonable suspicion to detain the occupants of the vehicle to request a dog sniff.  

State v. Corrine J., 2011AP1916 / State v. Dalvin C., Sr., 2011AP1882, District 1, 3/27/12

court of appeals decision (1-judge, not for publication); for Corrine J.: Melinda A. Swartz, SPD, Milwaukee Appellate; for Dalvin C.: Jeffrey W. Jensen; case activity

Trial counsel’s failure to object to the guardian ad litem’s closing argument wasn’t prejudicial, given the strength of the case for terminating parental rights. (The argument, merits of which the court doesn’t reach,

State v. Laura M., 2011AP2828, District 1, 3/27/12

court of appeals decision(1-judge, not for publication); for Laura M.: Russell D. Bohach; case activity

The trial court properly exercised discretion in finding Laura M. in default when she failed to appear for trial on TPR grounds. A father of one of her children, Padrein K., called counsel to report that he had been stabbed and that Laura M.

State v. Scott P. Wojcik, 2011AP2568-CR, District 2, 3/21/12

court of appeals decision (1-judge, not for publication); for Wojcik: Christopher Lee Wiesmueller; case activity

90-day jail sentence for OWI-2nd (minimum 0f 5 days, maximum of 6 months) upheld as proper exercise of discretion. Trial court considered as aggravators recentness of prior OWI conviction (2008) and his seeming level of impairment (stumbled on getting out of car); and stressed deterrent purpose of sentence.

State v. Traci L. Scott, 2011AP2115-CR, District 2, 3/21/12

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

The court rejects Scott’s challenge to a prior OWI conviction, concluding that she aware of the range of punishments, dangers of self-representation, etc. General test recited:

¶2        A defendant facing an enhanced sentence based on a prior conviction may only collaterally attack that prior conviction based on the denial of the constitutional right to counsel.  

State v. Heidi L. Fleischmann, 2011AP2558-CR, District 3, 3/20/12

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

The State satisfied its burden of proving that Fleischmann operation of a motor vehicle, in a parking lot adjacent to an empty business building, was on “premises held out to the public for use of their motor vehicles,” § 346.61.

¶8        Whether a premises is held out to the public depends on the owner’s intent.  

Village of DeForest v. Lynn J. Braun, 2011AP2116, District 4, 3/15/12

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

Stop for driving under the influence unsupported by reasonable suspicion:

¶11      I likewise conclude that there were insufficient facts before Officer Schaefer which could lead him to reasonably suspect that Braun was driving a motor vehicle under the influence of an intoxicant.  

State v. Daryl J. Teska, 2011AP1010-CR, District 2, 3/14/12

court of appeals decision (1-judge, not for publication); for Teska: John E. German; case activity

Teska was originally placed on probation, sentences withheld, on 3 counts; jail time as a condition of probation was ordered as to 1 count. Probation was later revoked and although all 3 of sentences were imposed concurrently, credit for the time spent in jail as a condition of probation was allocated only to that particular count.