On Point: C. Unpublished Opinions

State v. Leroy M. Godard, 2010AP1731-CR, District 2, 6/22/11

court of appeals decision (not recommended for publication); for Godard: Rick B. Meier; case activity

Counsel’s failure to listen to police recordings of the interrogations of Godard’s accomplices, even if deficient, wasn’t prejudicial.

¶15      The postconviction motion hearing testimony shows that Godard’s case was not weakened without the line of questioning from the recordings.  At trial,

State v. Albert M. Virsnieks, 2010AP1967, District 2 / 1, 6/21/11

court of appeals decision (not recommended for publication); pro se; case activity

Virsnieks’ plea-based conviction for burglary supported  ch. 980 commitment.

¶35      A Wis. Stat. ch. 980 petition must allege, among other things, that a “person has been convicted of a sexually violent offense.”[5] Wis. Stat. § 980.02(2)(a)1.  A “[s]exually violent offense” is defined,

State v. Omar F. Ofarril-Valez, 2010AP3109-CR, District 1, 6/21/11

court of appeals decision (1-judge, not for publication); for Ofarril-Velez: Dustin C. Haskell, SPD, Milwaukee Appellate; case activity

The court marshals “nine indicia of impairment” to support its conclusion of probable cause to arrest: time (2:30 a.m.); driving 3-4 miles over posted limit; “light odor” of alcohol; admission of drinking 1 beer; glassy eyes; difficulty complying with instructions;

State v. Beverly H., 2011AP536, District 1, 6/21/11

court of appeals decision (1-judge, not for publication); for Beverly H.: Jeffrey W. Jensen; case activity

The trial court didn’t err in denying the parent’s request for an adjournment of dispositional hearing, following jury verdict finding grounds to terminate. The court of appeals rejects the argument that § 48.31(7)(a) controls the issue.

¶2        This Court disagrees with Beverly H.’s arguments on appeal. 

Sheboygan County DH&HS v. Wesley M., No. 2010AP2946, District 2, 6/15/11

court of appeals decision (1-judge, not for publication); for Wesley M.: Leonard D. Kachinsky; case activity

¶7        A parent is entitled to the effective assistance of counsel in termination of parental rights proceedings, and the applicable standards are those which apply in criminal cases.  See A.S. v. State, 168 Wis.

State v. Anthony M. S., 2010AP1669, District 4, 6/9/11

court of appeals decision (1-judge, not for publication); for Anthony M.S.: Shelley Fite, SPD, Madison Appellate; case activity

The State sought to prove that the pills Anthony M.S. possessed were a non-narcotic controlled substance (Adderall), § 961.41(3g), through the testimony of the Osseo Police Chief that the website Drugs.com established the pills’ identity. The trial court found Anthony M.S.

Dane Co. DHS v. Jennifer F., 2011AP530, District 4, 6/9/11

court of appeals decision (1-judge, not for publication); for Jennifer F.: Paul G. LaZotte, SPD, Madison Appellate; case activity

Although the trial court erred in not taking testimony in support of no-contest pleas to the TPR petition as required by § 48.422(3) (see Waukesha County v. Steven H., 2000 WI 28, ¶56, 233 Wis.

State v. Francis A. Malsbury, 2010AP3112-CR, District 2, 6/8/11

court of appeals decision (1-judge, not for publication); for Malsbury: Andrew R. Walter; case activity

Prior conviction, in Washington state in 1999 for reckless driving amended from driving under the influence, qualified as a prior OWI and therefore subjected Malsbury to criminal prosecution.

¶7        We hold that Malsbury’s Washington reckless driving conviction counts as a prior conviction for purposes of Wisconsin’s accelerated OWI penalty structure.  

State v. Henry W., 2011AP693, District 1, 6/7/11

court of appeals decision (1-judge, not for publication); for Henry W.: Jane S. Earle; case activity

Testimony of a “bonding expert” as to how the child’s view of her father would make it difficult for him to meet conditions of return, was relevant and admissible in the grounds phase, ¶¶5-7, 10.

Trial court’s refusal to grant adjournment of dispositional phase so that father could secure his own bonding expert,

County of Brown v. Eric J. Schroeder, 2010AP2967, District 3, 6/7/11

court of appeals decision (1-judge, not for publication); for Schroeder: Dennis M. Melowski, Dennis M. Melowski; case activity

Following OWI arrest and blood test result over the limit, Schoeder’s license was administratively suspended. The police, however, failed to provide him with the form explaining the suspension review process, contrary to § 343.305(8)(am). Schroeder argues that this omission causes a loss of presumptive reliability of the blood test (which allows admission into evidence without expert testimony).