On Point blog, page 248 of 262
Traffic Stop
County of Sheboygan v. William M. Lane, 2010AP1756, District 2, 2/2/11
court of appeals decision (1-judge, not for publication); for Lane: George Limbeck; case activity; State BiC; Lane Resp.
¶6 As a threshold matter, the County addresses the proper test for assessing the validity of the traffic stop. The County contends that the appropriate standard is “reasonable suspicion” as opposed to “probable cause.” We disagree.
TPR – Voluntariness of Plea
Portage Co. HHS v. Jesus S., 2010AP2698, District 4, 2/3/11
court of appeals decision (1-judge, not for publication); for Jesus S.: Theresa J. Schmieder; case activity
For a no-contest plea to a TPR petition to be knowing and voluntary, the parent must be notified of the direct consequences of his or her plea, including an automatic finding of parental unfitness, ¶6, citing Oneida Cnty. Dep’t of Social Servs.
Consent to Search
State v. Robert L. Stokes, 2009AP919-CR, District 1, 2/1/11
court of appeals decision (3-judge, not recommended for publication); for Stokes: John M. Bolger; case activity; Stokes BiC; State Resp.; Reply
Given trial court credibility findings, the resident’s consent to the police to enter and search was voluntary.
¶19 Finally, we are not convinced by Robert’s argument that the trial court erred in denying his suppression motion regardless of whether Deborah’s consent was valid because police had no lawful reason to be in the Stokes’ yard and on their porch.
Repeated Sexual Assault – Sufficiency of Evidence; Effective Assistance of Counsel
State v. Darrell Lemont Otis, 2010AP589, District 1, 2/1/11
court of appeals decision (3-judge, not recommended for publication); for Otis: Bryan C. Lichstein; case activity; Otis BiC; State Resp.; Reply
Repeated Sexual Assault – Sufficiency of Evidence
Repeated sexual assault, § 948.025(1)(b), requires proof of 3 elements: 3 or more sexual assaults; within a specified period of time;
Harmless Error; Hearsay – Medical Treatment/Diagnosis
State v. Jimmie Lee Higgins, 2010AP861-CR, District 1, 2/1/11
court of appeals decision (3-judge, not recommended for publication); for Higgins: Ellen Henak, SPD, Milwaukee Appellate; case activity; Higgins BiC; State Resp.; Reply
Any error with respect to exclusion of the victim’s pretrial statement to the police in one instance, and admissibility of her statements to a nurse, would be harmless.
Self-Representation – SVP
State v. Lee Alexander Brown, 2010AP970, District 1, 2/1/11
court of appeals decision (3-judge, not recommended for publication); for Brown: Russell D. Bohach; case activity; Brown BiC; State Resp.
The court holds that Brown knowingly, intelligently and voluntarily waived his right to counsel at trial on his sexually violent person petition. Although there is a question as to whether the right to counsel under the 6th amendment and Art.
Right to Present Defense – Prosecutorial Intimidation of Witness; Comment on Guilt
State v. Jevell Williams, 2010AP1266-CR, District 1, 2/1/11
court of appeals decision (3-judge, not recommended for publication); for Williams: Bradley J. Wochowicz; case activity; Williams BiC; State Resp.; Reply
Right to Present Defense – Prosecutorial Intimidation of Witness
The prosecutor didn’t violate Williams’s right to present a defense by raising the possibility that his alibi witness had potentially violated a no-contact order by contacting a State’s witness on Williams’s behalf.
Obstructing – Complaint, Probable Cause; Self-representation
State v. Richard A. Wusterbarth, 2010AP1306-CR, District 3, 2/1/11
court of appeals decision (1-judge, not for publication); for Wusterburth: Eileen A Hirsch, SPD, Madison Appellate; case activity; Wusterburth BiC; State Resp.; Reply
The complaint established probable cause for obstructing, § 946.41(1), by alleging that Wusterburth made a false report to the police that a neighbor was manufacturing drugs,
Restitution
State v. Gary R. Sampson, 2010AP1930-CR, District 3, 2/1/11
court of appeals decision (1-judge, not for publication); for Sampson: Donna L. Hintze, SPD, Madison Appellate; case activity; Sampson BiC; State Resp.; Reply
Sampson was guilty of theft for keeping a down payment to make improvements to a business without finishing the work. However, he is liable for restitution,
Reasonable Suspicion – Traffic Stop – Informant’s Tip
State v. Joshua J. Hysell, 2010AP1817-CR, District 4, 1/27/11
court of appeals decision (1-judge, not for publication); for Hysell: John Smerlinski; case activity; Hysell BiC; State Resp.
Phoned tip by driver who gave his name and described the subject vehicle as “all over the road” held sufficiently reliable to support reasonable suspicion for stop.
Because the informant gave his name,