On Point: C. Unpublished Opinions

State v. Christopher J. Holan, 2011AP1717-CR, District 3, 1/31/12

court of appeals decision (1-judge, not for publication); for Holan: Martha K. Askins; case activity

Holan’s admission to his prior felony conviction satisfied § 973.12(1); the court rejects his argument that the record must show his knowledge that  he faced increased punishment because of the prior conviction:

¶10      Holan’s reliance on Rachwal and Goldstein is misplaced.  

Outagamie County Department of Health and Human Services v. Gregory M., 2011AP1978, District 3, 1/31/12

court of appeals decision (1-judge, not for publication); for Gregory M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity

Evidence held sufficient to support  a “primary need for residential care and custody,” § 55.08(1)(a), notwithstanding that ” Gregory is able to perform most daily living activities with little or no assistance,” ¶¶13-15.

State v. Reynold C. Moore, 2010AP377, District 3/4, 1/26/12

court of appeals decision (not recommended for publication); for Moore: Byron C. Lichstein; case activity; prior history: 1997AP1193-CR, habeas relief denied, Moore v. Casperson, 345 F.3d 474 (7th Cir. 2003)

Moore seeks relief on the basis of newly discovered evidence in the form of a purported recantation of State witness James Gilliam’s trial testimony.

State v. Brian K. Little, 2011AP1740-CR, District 4, 1/26/12

court of appeals decision (1-judge, not for publication); for Little: Lane Fitzgerald; case activity

The court rejects  challenges to § 941.23, carrying concealed weapon, as facially violating the state and federal constitutional right to bear arms. (The statute presently allows concealed carry under specified circumstances, 2011 WI Act 35. Little was convicted under the prior version,

Manitowoc County v. Harlan H., 2011AP2499-FT, District 2, 1/25/12

court of appeals decision (1-judge, not for publication); for Harlan H.: Shelley Fite, SPD, Madison Appellate; case activity

Evidence that Harlan had put his wife in a headlock on one occasion and physically resisted a deputy’s attempt to detain him another, coupled with a diagnosis of paranoid schizophrenia, held sufficient to support ch. 51 commitment.

¶6        Wisconsin Stat. 

State v. Kwesi B. Amonoo, 2011AP566, District 1, 1/24/12

court of appeals decision (not recommended for publication); for Amonoo: Robert N. Meyeroff; case activity

Amonoo fails to show that trial counsel provided ineffective assistance with respect to pretrial identification procedure (context: “sufficient reason” to overcome serial litigation bar following direct appeal):

¶15      Amonoo contends that of all the persons pictured in the photo array, he was the only one wearing a jacket.  

Town of Mukwonago v. John J. Uttke, 2011AP2021, District 2, 1/18/12

court of appeals decision (1-judge, not for publication); for Uttke: Michael C. Witt; case activity

Uttke’s driver’s license was revoked for refusal to submit to a blood test upon OWI arrest, and he requested a “refusal hearing,” unsuccessfully challenging the existence of probable cause to arrest, § 343.305(9). The court of appeals affirms:

¶9        We first address whether Officer Heckman had probable cause to arrest Uttke.  

State v. Gary A. Senger, 2011AP1950-CR, District 2, 1/18/12

court of appeals decision (1-judge, not for publication); for Senger: Robert C. Raymond; case activity

Applying the test described in State v. Betow, 226 Wis. 2d 90, 94-95, 593 N.W.2d 499 (Ct. App. 1999) for extending a traffic stop, the court concludes that the officer had reasonable suspicion to administer FSTs following a stop for driving with a revoked license.

State v. Mercedes S., 2012AP1524, District 2, 1/16/13

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

Delinquency — sanctions for violation of disposition order — exercise of discretion

Imposition of additional period of secure detention upheld, against challenge that the court did not consider other options and, contrary to State v. Ogden, 199 Wis. 2d 566, 544 N.W.2d 574 (1996), 

State v. James W. Warren, 2012AP1727-CR, District 2, 1/16/13

Court of appeals decision (1 judge, not eligible for publication); case activity

OWI — admissibility of opinion based on field sobriety tests

Police officer testimony that, based on his training and experience, “the field tests are a reliable indicator of whether someone is .08 or higher” and that the HGN test alone is sufficient to detect a BAC over .08,