On Point blog, page 250 of 261
Guilty Plea Colloquy – Plea Questionnaire; Plea Bargain – Breach: Waiver Doctrine
State v. Henry Edward Reed, Jr., 2009AP3149-CR, District 1, 1/11/11
court of appeals decision (3-judge, not recommended for publication); for Reed: Basil M. Loeb; case activity; Reed BiC; State Resp.
Guilty Plea Colloquy – Plea Questionnaire
Reed’s claim that he didn’t understand the significance of read-in offenses is defeated by their coverage in the plea questionnaire, and the plea court’s eliciting “that Reed had not only read the form,
Sanctions – Appellate Procedure
Thomas Vitrano v. Milwaukee Police Department, 2010AP1987, District 1, 1/11/11
court of appeals decision (1-judge, not for publication); pro se; case activity; Resp. Br.
We note with some frustration that neither party included a single citation to the record in their respective briefs in violation of Wis. Stat. Rule 809.19(1)(d). Record cites are helpful to the court and are required even when the record is not voluminous.
Other-Acts Evidence
State v. Jonathan A. Meenen, 2009AP3107-CR, District 3, 1/11/11
court of appeals decision (3-judge, not recommended for publication); for Meenen: Donna L. Hintze, SPD, Madison Appellate; case activity; Meneen BiC; State Resp.; Reply
On a charge of 1st-degree sexual assault of a (5-year-old) child, evidence of Meneen’s prior juvenile adjudication for sexual contact with an 8-year-old was admissible:
- Acceptable purpose.
Juvenile Delinquency – Waiver Investigation Hearing
State v. Tyler T., 2010AP784, District 2, 12/29/10
court of appeals decision (1-judge, not for publication), affirmed, 2012 WI 52; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity
The prosecution isn’t prevented from appearing at a waiver recommendation staffing by the local health and human services agency, notwithstanding absence of the juvenile or his attorney.
Counsel – Waiver; Plea-Withdrawal – Issuance of Worthless Check – Elements
State v. Kenneth B. Bonner, 2010AP1414-CR, District 1, 12/28/10
court of appeals decision (1-judge, not for publication); for Bonner: Dennis P. Coffey; case activity; Bonner BiC; State Resp.
Counsel – Waiver
The trial court’s waiver colloquy omitted two required components: assurance that the defendant made a deliberate choice to proceed without counsel, and was aware of the difficulties and dangers of self-representation,
Maintaining Drug Trafficking Place, / Possession with Intent to Deliver, PTAC- Insufficient Proof
State v. John M. Eaton, 2010AP1170-CR, District 4, 12/23/10
court of appeals decision (1-judge, not for publication); for Eaton: Chad A. Lanning; case activity; Eaton BiC; State Resp.; Reply
Traffic stop upheld where: “vehicle weave(d) in a pronounced manner within tis own lane of traffic”; vehicle came to complete stop at yellow blinking light (something officer testified was “possible indicia of impaired driving”;
Jury – Deliberations – Sequestration
State v. Bradley A. Brandsma, 2010AP1429-CR , District 4, 12/23/10
court of appeals decision (1-judge, not for publication); for Brandsma: Anthony J. Jurek; case activity; Brandsma BiC; State Resp.; Reply
Trial courts have “very broad discretion” under § 972.12 to allow a deliberating jury to separate overnight before returning to resume deliberations; court of appeals rejects argument under state and federal constitutions “a circuit court should presume that any separation of a jury renders that jury impartial in light of rapidly changing modes and content of publicly available information,”
Effective Assistance – Plea Advice; Newly Discovered Evidence; Counsel – Sanction
State v. Charles A. Bouc, 2010AP180, District 2, 12/22/10
court of appeals decision (3-judge, not recommended for publication); for Bouc: Adam Walsh; case activity; Bouc BiC; State Resp.; Reply
Effective Assistance – Plea Advice
Counsel did not fall short of normative performance standards, where he weighed with his client the pros and cons of admissibility of potentially crucial evidence;
TPR – Partial Summary Judgment
Marathon County Dept. of Social Services v. Lorie O., 2010AP2351, District 3, 12/21/10
court of appeals decision (1-judge, not for publication); for Lorie O.: Leonard D. Kachinsky; case activity
Summary judgment may be granted as to grounds for TPR, Steven V. v. Kelley H., 2004 WI 47, ¶6; but where the CHIPS order, on which alleged unfitness is premised, fails to set forth conditions for regaining contact with the child,
Traffic Stop – Illumination Requirement
State v. George C. Greenwood, 2010AP1837-CR, District 4, 12/16/10
court of appeals decision (1-judge, not for publication); for Greenwood: Gerald C. Opgenorth; case activity; Greenwood BiC; State Resp.; Reply
Traffic stop properly based on violation of illuminaiton requirement in § 347.13(3) (rear plate must be illuminated by white light so as to be clearly legible from distance of 50 feet).