On Point: C. Unpublished Opinions

State v. Sidney Clark, 2010AP790, District 1, 2/23/11

court of appeals decision (not recommended for publication); for Clark: John A. Pray; case activity

Clark can’t show prejudice from the deficient performance he alleges, therefore he isn’t entitled to a Machner hearing on ineffective assistance of counsel.

¶21      A postconviction hearing is necessary to sustain a claim of ineffective assistance of counsel.  See State v.

Winnebago County DHS v. Jenny L. G.-J., 2009AP2956, District 2, 2/23/11

court of appeals decision (1-judge, not for publication); for Jenny L. G.-J.: Theresa J. Schmieder; case activity

The privilege attaching to interactions under direction of a family therapist, § 905.04(1)(b), doesn’t apply to information obtained by “dispositional staff” providing services under § 48.069.

¶11      Wisconsin Stat. § 48.069(1) defines a dispositional staffer as a member of “[t]he staff of the department [of children and families],

City of Mequon v. Monica Maureen Cooley, 2010AP2142, District 2, 2/23/11

court of appeals decision (1-judge, not for publication); for Cooley: Dudley A. Williams; case activity

Reasonable suspicion supported early-morning stop of car in otherwise empty parking lot.

¶7        We agree with the circuit court that Brandemuehl conducted a lawful Terry stop.  Brandemuehl could point to specific and articulable facts[3] (Cooley turning into the parking lot of a closed movie theatre early on New Year’s morning),

Waukesha County v. Kathleen R. H., 2010AP2571-FT, District 2, 2/23/11

court of appeals decision (1-judge, not for publication); for Kathleen R.H.: Paul G. LaZotte, SPD, Madison Appellate; case activity

The evidence supported ch. 51 mental health recommitment for a period of 12 months.

¶8        Here, Kathleen misconstrues WIS. STAT. § 51.20(1)(am) as requiring proof, apart from that contained in her treatment record, that she would be a danger to herself or others if treatment were withdrawn.  

Walworth County DH&HS v. Andrea O., 2010AP2938, District 2, 2/23/11

court of appeals decision (1-judge, not for publication); for Andrea O.:  Suzanne L. Hagopian, SPD, Madison Appellate; case activity

Evidence supported jury verdict on abandonment as to grounds for terminating parental rights, as against claim of good cause (incarceration) for conceded failure to communicate with the child.

¶8        The record reflects that Andrea may have sent a letter to her caseworker,

State v. Richard L. Daniels, 2010AP1715-CR, District 3, 2/23/11

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

Ineffective Assistance of Counsel – Voluntary Intoxication

Voluntary intoxication requires that the defendant establish utter lack of capability to form the requisite intent; because Daniels’ version couldn’t make this showing, counsel’s failure to pursue the defense wasn’t deficient performance.

¶12      It was reasonable for Daniels’ trial counsel to view Daniels’ version of events as inconsistent with a voluntary intoxication defense,

Rock County v. Donald G., 2010AP2444, District 4, 2/17/11

court of appeals decision (1-judge, not for publication); for Donald G.: Steven D. Grunder, SPD, Madson Appellate; case activity

Concededly proper placement at Mendota under concurrent chs. 51 (mental health commitment) and 55 (protective placement) needn’t account for future termination should ch. 51 commitment later be amended. The placement order complies with § 55.18(3)(e)(1), and the circut court isn’t obligated to “address hypothetical scenarios in its order continuing protective placement.”

Donna J. Murr v. St. Croix County Board of Adjustment, 2008AP2728, District 3, 2/15/11

court of appeals decision (recommended for publication); case activity

¶18 n. 11:

The Board’s response brief repeatedly refers to Murr as plaintiff.  We remind counsel that references should be to names, not party designations.  See Wis. Stat. Rule 809.19(1)(i).

Surpassingly minor point? Sure –

State v. Kenneth R. Parrish, 2010AP809, District 1, 2/15/11

court of appeals decision (3-judge, not recommended for publication); for Parrish: Ellen Henak, SPD, Milwaukee Appellate; case activity; Parrish BiC; State Resp.; Reply

SVP – Petition for Discharge – Request for Independent Examiner

Parrish’s failure to unequivocally request appointment of an independent examiner dooms his argument on appeal that the trial court “prematurely dismissed his petition for discharge (§ 980.09) without first appointing an examiner,

State v. Abigail W., 2010AP2792, District 1, 2/10/11

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

TPR – Condition of Return

CHIPS condition that parent “show that you can care for and supervise your child properly and that you understand [her] special needs” wasn’t an impossible condition but, rather, was narrowly tailored to meet compelling State interest in protecting child’s safety,