On Point: C. Unpublished Opinions

State v. Christopher A. Anderson, 2011AP124-CR, District 2, 10/19/11

court of appeals decision (1-judge, not for publication); for Anderson: Anthony J. Jurek; case activity

¶1        In this case, Christopher A. Anderson was arrested for disorderly conduct while at a hospital.  He contends that because police had no probable cause to take him from his home and bring him to the hospital, his seizure was illegal and, therefore,

State v. Wilson J. Behling, 2011AP483-CR, District 3, 10/18/11

court of appeals decision (1-judge, not for publication); for Behling: John M. Carroll; case activity

Probable cause that Behling’s backpack contained contraband supported its seizure so that a warrant could be obtained and the item searched:

¶28      We conclude Hoffman had probable cause to believe Behling’s backpack contained contraband or evidence of a crime.  Here, Hoffman’s seizure was based on the following facts: (1) Behling entered a county park where drug activity has occurred;

State v. Michael A. Clements, 2010AP1978-CR, District 4, 10/13/11

court of appeals decision (not recommended for publication); for Clements: Steven D. Grunder, SPD, Madison Appellate; case activity

Counsel’s performance not deficient, against claims that he failed to: impeach the complainant with a prior recorded statement; object on hearsay grounds to admissibility of her statement to a school counselor; object to the State’s closing-argument characterization of the sole defense witness;

State v. Joshua P. O’Keefe, 2010AP2898-CR, District 4, 10/13/11

court of appeals decision (1-judge, not for publication); for O’Keefe: Steven D. Grunder, SPD, Madison Appellate; case activity

¶7        O’Keefe contends that the circuit court erred in admitting the testimony of Bannach and Wanta in which they read to the jury the “Diagnosis” portion of the medical reports because O’Keefe was not afforded an opportunity to cross-examine the doctors who prepared the reports,

State v. Jon Paul A. Fernandez, 2010AP1394-CR, District 2, 10/12/11

court of appeals decision (1-judge, not for publication); for Fernandez: Jefren E. Olsen, SPD, Madison Appellate; case activity

Concededly lawful traffic stop (operating without headlights) wasn’t unreasonably prolonged by warrant checks, arrest of passenger on warrant for unpaid forfeiture, and then search of car incident to that arrest, before the traffic ticket was issued, ¶11 (“Absent any indication of unreasonable delay,

State v. Malcolm L., 2011AP714, District 2, 10/12/11

court of appeals decision (1-judge, not for publication); for Malcolm L.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

Juvenile courts have authority to stay sex offender registration, § 938.34(16), and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. Here, the trial court erroneously failed to exercise discretion on Malcolm’s request for such a stay.

State v. Thomas C. Niesen, 2010AP1864-CR, District 2, 10/5/11

court of appeals decision (not recommended for publication); for Niesen: James A. Rebholz; case activity

Evidence held sufficient to sustain conviction § 940.01(1), court rejecting argument that State failed to prove that Niesen inflicted the fatal knife wound. (Niesen made certain damaging admissions; he met the description of the man last seen with the victim; his sperm was found in the ¶¶2-21.

State v. Timothy J. K., 2011AP1091, District 2, 10/5/11

court of appeals decision (1-judge, not for publication); for Timothy J.K.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

The trial court’s requirement of sex offender registration, § 301.45(1m)(d)(1), is upheld against an argument that the court misconstrued an expert’s recommendation of no registration.

¶9        Timothy fails to clear the first hurdle of the Tiepelman standard.  

State v. Cindy R. Billips, 2009AP2493-CR, District 2, 10/5/11

court of appeals decision (1-judge, not for publication); for Billips: Timothy R. Muth, Amy Lynn MacArdy; case activity

Following OWI arrest supported by probable cause, the officer was authorized to search the vehicle for evidence relevant to the OWI arrest:

¶9        Here, it was reasonable for Kinservik to believe that further evidence related to Billips’ OWI arrest might be found in the vehicle.  

State v. Anastasia S., 2011AP1423 / State v. Lemar T., 2011AP1403, District 1, 10/4/11

court of appeals decision (1-judge, not for publication); for Anastasia S.: Kevin M. Long, Brandon Gutschow; case activity; for Lemar T.: Jane S. Earle; case activity

¶18      “Grounds for termination [of parental rights] must be proven by clear and convincing evidence.”  Ann M.M. v. Rob S.,