On Point: C. Unpublished Opinions

Shelly J. v. Leslie W., 2011AP753, District 4, 7/28/11

court of appeals decision (1-judge, not for publication); for Shelly J.:  Amy J. Lamerand Zott; case activity

Shelly’s motion to reopen her TPR judgment, 7 years after she successfully petitioned for voluntary termination, was untimely under the 1-year deadline imposed by § 806.07(1)(a) and (c), nor did she show “extraordinary circumstances” under subs. (h). As to her claim that the judgment was void under subs.

State v. Jeremy M. Bootz, 2010AP2795-CR, District 2, 7/27/11

court of appeals decision (1-judge, not for publication); for Bootz: Craig S. Powell; case activity

Counsel “had no obligation to object to” the testimony of “a bona fide rebuttal witness,” hence didn’t perform deficiently.

The court summarizes ground-rules relative to rebuttal witnesses, overarching principles being: “A bona fide rebuttal witness is a witness whose testimony only becomes necessary and appropriate after the defense presents its case-in-reply. 

State v. Juan I. C., 2010AP3114, District 4, 7/21/11

court of appeals decision (1-judge, not for publication); for Juan I.C.: Susan E. Alesia, SPD, Madison Appellate; case activity

Credibility determination made by trial judge supported delinquency adjudication for theft of iPod that Juan borrowed but failed to return.

¶11      On the disputed issue of whether Juan repeatedly assured Max and JeVaughnte that he would either return the iPod or pay for it,

D’Ann K. v. Benjamin J. G., 2010AP1655, District 4, 7/20/11

court of appeals decision (1-judge, not for publication); for Benjamin J.G.: Gina Frances Bosben; case activity

With failure to assume parental responsibility as the ground for termination, Benjamin G. “argues that the court did not properly apply the totality of the circumstances test established in Tammy W-G. because it failed to consider Benjamin’s testimony that D’Ann [the guardian] failed to return his phone calls.”

State v. Michael D. Walters, 2010AP3156-CR, District 2, 7/20/11

court of appeals decision (1-judge, not for publication); for Walters: Thomas E. Hayes; case activity

Tip provided by citizen informant’s 911 call reporting drug use in car traveling on highway was sufficiently reliable to support stop, given that the informant provided her name, phone number, description of her vehicle, her proximate location and direction of travel, and remained on the line with updates:

¶23      According to Williams,

State v. Cathy Ann Currie, 2011AP322-CR, District 3, 7/19/11

court of appeals decision (1-judge, not for publication); for Currie: Jon Stanek; case activity

¶7        Lear testified he stopped Currie because he observed “a very large air freshener” hanging from her rearview mirror.  The court determined that any object hanging from a rearview mirror would obstruct a driver’s clear view through the front of the windshield.  The court also found Lear’s testimony about his observations credible.  

Waukesha County DH&HS v. Jennifer L. H., 2010AP2990, District 2, 7/13/11

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

Evidence held sufficient to prove Jennifer’s failure to assume parental responsibility as TPR ground, notwithstanding that she lived with the child and helped raise him from birth until he was removed from her home: “although Jennifer did live with Kurt for most of his life,

County of Jefferson v. Karla J. Raue, 2010AP3131, District 4, 7/7/11

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

Act of bar patron (turning off car and taking key from Raue) was private, non-governmental action, therefore didn’t implicate Raue’s 4th amendment rights. State v. Butler, 2009 WI App 52, 317 Wis. 2d 515, 768 N.W.2d 46 (acts of private security guard not subject to 4th amendment scrutiny),

State v. Ryan Stefan Roberts, 2010AP2899, District 4, 6/30/11

court of appeals decision (1-judge, not for publication); for Roberts: Bruce J. Rosen, Susan C. Blesener; case activity

Request for preliminary breath test supported by probable cause, despite somewhat inconclusive field test results, in view of strong odor of alcohol emitted by Roberts along with his admission of drinking. County of Jefferson v. Renz,

State v. Lisa K. Beckman, 2010AP2564-CR, District 2, 6/29/11

court of appeals decision (1-judge, not for publication); for Beckman: Gary Grass; case activity

¶12      Here, Schubel observed Beckman’s vehicle at 11:40 p.m. on a Sunday night in a parking lot behind one closed business before it proceeded to the parking lot of another closed business.  There were no lights on at either location.  Schubel considered this activity in light of his knowledge that there had been reports of burglaries of small businesses in the area.