On Point: C. Unpublished Opinions

State v. Joseph Gayden, 2010AP2360-CR,District 1, 8/30/11

court of appeals decision (not recommended for publication); for Gayden: Matthew S. Pinix; case activity

The difference between Wis JI-Criminal 800 and 805 is that the latter limits the defendant’s intentional use of force intended or likely to cause death or great bodily harm to reasonable belief that the force is necessary to prevent imminent death or great bodily harm.

State v. Stephen R. Jones, 2011AP864-CR, District 3, 8/30/11

court of appeals decision (1-judge, not for publication; for Jones: Brian P. Dimmer; case activity)

Failure to move to strike juror wasn’t deficient performance. Juror’s public support of election of the presiding judge and the district attorney (who was not herself prosecuting this case) didn’t establish a significant relationship with either individual to establish “objective bias.” State v.

State v. Jeffrey D. Knickmeier, 2011AP368-CR, District 4, 11/25/11

court of appeals decision (1-judge, not for publication); pro se; case activity

The court upholds the sentence – 2, concurrent 6-month jail terms for theft by bailee – of disbarred attorney Knickmeier. The court patiently discusses each of Knickmeier’s challenges to sentencing discretion (some of which, to be blunt, seem frivolous), and concludes:

¶12      In summary,

State v. William M. Hughes, 2011AP647-CR, District 4, 8/25/11

court of appeals decision (1-judge, not for publication); for Hughes: Michael C. Witt; case activity

Traffic stop supported by reasonable suspicion to believe Hughes was operating while intoxicated:

• The stop occurred at night, after a football game, when there is an increased frequency of drunk driving;
• Citizen informant reported observing vehicle weaving outside lane of travel on Interstate,

Rock Co. HSD v. Timothy F., 2011AP1354, District 4, 8/25/11

court of appeals decision (1-judge, not for publication); for Timothy F.: Carl W. Chessir; case activity

The court rejects Timothy F.’s challenge to grant of summary judgment as to grounds for termination (abandonment, § 48.415(1)(a)2.): even if Timothy arguably had “good cause” for not visiting his child (Timothy had absconded from probation in fear of possible revocation),

State v. Bridgette M. Glaze, 2010AP3128-CR, District 2, 8/24/11

court of appeals decision (1-judge, not for publication); for Glaze: John C. Orth; case activity

Although Glaze’s stop by one officer investigating possible domestic violence was likely unsupported (¶9), the stop was adequately supported by an alternative basis: observations of a second, off-duty officer which, under the “collective knowledge” doctrine were imputed to the first officer and supplied reasonable suspicion that Glaze was driving while intoxicated.

County of Ozaukee v. David W. Berend, 2011AP291, District 2, 8/24/11

court of appeals decision (1-judge, not for publication); for Berend: Walter Arthur Piel, Jr.; case activity

Breathalyzer test results are admissible (and presumptively accurate) in OWI and PAC proceedings if “the sample was taken within 3 hours after the event to be proved,” § 885.235(1g). Berend’s test was administered at 11:07, and he said he’d stopped drinking at 8:00.

State v. Jose A. Reas-Mendez, 2010AP1485-CR, District 1, 8/23/11

court of appeals decision (not recommended for publication); for Reas-Mendez: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity

The victim’s pretrial lineup identification of Reas-Mendez isn’t suppressible: the lineup was comprised of “four men, all of generally the same build, in the same type of clothing, with dark, shoulder-length hair, approximately of the same age, and wearing bandanas covering their faces from the tops of their noses down,”

Florence County Department of Human Services v. Jennifer B., 2011AP88, District 3, 8/19/11

court of appeals decision (1-judge, not for publication); for Jennifer B.: Martha K. Askins, Shelley Fite, SPD, Madison Appellate; case activity

Removal from jury consideration of a ground for termination (CHIPS orders) without prior discussion between court and parties was error:

¶10      While we agree that a directed verdict is available in the grounds phase of a TPR proceeding, 

County of Winnebago v. Matthew J. Miller, 2011AP661, District 2, 8/17/11

court of appeals decision (1-judge, not for publication); for Miller: Walter Arthur Piel, Jr.; case activity

Experimental Aircraft Association Air Venture grounds were sufficiently “held out to the public,” for purposes of OWI-related liability, because the EAA granted substantial access to the public via purchased passes.

¶7        The analysis in Tecza is most analogous to this case.