On Point: C. Unpublished Opinions

State v. Kevin M. Moore, 2009AP3167-CR, District 2, 12/15/10 

court of appeals decision (3-judge, not recommended for publication); for Moore: Jeffrey W. Jensen; Moore BiC; State Resp.; Reply

Evidence – Frequenting “Gentleman’s Club” as Source of Friction with Deceased

Evidence that Moore spent much time and money at a local “gentleman’s club,” offered by the State to as support for an “ongoing conflict” 

State v. Tony Lamont Jackson, 2010AP351-CR, District 1, 12/14/10

court of appeals decision (3-judge, not recommended for publication); for Jackson: Hans P. Koesser; Jackson BiC; State Resp.; Reply

Miranda – Custody

Initially treated at the scene of a shooting by the police as a witness rather than suspect, Jackson voluntarily accompanied the police to the station to continue providing information,

State v. Marquita R., 2010AP1981, District 1, 12/14/10

court of appeals decision (1-judge, not for publication); for Marquita R.: Carl W. Chesshir

TPR – Default as Sanction

Delay of over two-and-one-half years between petition and fact-finding hearing (despite statutorily mandated schedule of 45-day limit, § 48.422(2)), caused by Marquita R.’s “egregious” and “bath faith” conduct, intended to disrupt the TPR process, supported the trial court’s decision to find her in default as a sanction.Nor did the default ruling violate due process,

State v. Lorraine J. / Johnny J., 2010AP137, et al,District 1, 12/8/10

court of appeals decision (1-judge, not for publication); for Lorraine J.:  Melinda A. Swartz, SPD, Milwaukee Appellate; for Johnny J.: John J. Grau

TPR – Right to Post-Disposition Visitation

A termination order severs all parental rights, including visitation under § 48.43, ¶¶31-37.

TPR – Vacated Order and Right to Reinstated Visitation

Grant of a post-disposition motion,

State v. Mark A. Miller, 2010AP352-CR, District 4, 12/9/10 

court of appeals decision (1-judge, not for publication); for Miller: Bill Ginsberg; Miller BiC; State Resp.

The court concludes that Miller voluntarily consented to police entreaties over an 11-minute period to enter his home so that they could perform field sobriety testing, notwithstanding his refusals during that time to allow entry:

¶7        The circuit court found that the officer spoke with Miller for approximately eleven minutes and,

Dane Co. DHS v. Susan P. S, 2010AP573, District 4, 12/9/10

court of appeals decision (1-judge, not for publication); pro se

Determination of the “best interests of the child” at TPR disposition includes consideration of various factors, including the “wishes of the child.” The TPR court need not hear directly from the child, but may instead take evidence of the child’s wishes from other sources.

Court discusses evidentiary issues that appear to be too inconsequential,

State v. Marlon M. Anderson, 2010AP742-CR, District 1/4, 12/9/10

court of appeals decision (3-judge, not recommended for publication); for Anderson: Angela Conrad Kachelski; Anderson BiC; State Resp.

A defendant’s statement made voluntarily but in violation of Miranda isn’t admissible in the State’s case-in-chief, but is admissible if the defendant testifies and the statement is inconsistent with his testimony. The question raised here relates to how such inconsistency is measured: whether outright contradictions are necessary,

State v. Brian R. Rogers, 2010AP1300-CR, District 4, 12/9/10

court of appeals decision (1-judge, not for publication); pro se; State’s Resp. Br.

Even assuming Rogers violated no traffic law, his driving pattern provided reasonable suspicion for a stop:

¶10      Here too, the totality of the circumstances provided Lambrecht with reasonable suspicion to initiate a traffic stop.  Lambrecht observed Rogers’ vehicle weave both within and outside its lane multiple times over the span of approximately one mile.  

State v. Kenneth E., 2010AP1520, District 1, 12/7/10

court of appeals decision (1-judge, not for publication); for Kenneth E.: Mary D. Scholle, SPD, Milwaukee Appellate

(The Court’s Case Access site has posted Kenneth E.’s principal and reply briefs. This is atypical; the court’s normal practice is not to post briefs, because of the confidentiality that attends TPRs.  Though seemingly not barred by statute or rule, links to the briefs won’t be provided here in deference to the court’s past practice,

State v. LaDonna E., 2010AP1733, District 1, 12/7/10

court of appeals decision (1-judge, not for publication); for LaDonna E.: Jane S. Earle

Termination of parental rights upheld. Mother (LaDonna E.), after defaulting on grounds phase, challenged termination on basis that child’s aunt, who had custody and wanted to adopt child, should be appointed guardian instead.

¶9        The circuit court noted that “Kenny will be adopted.”  See Wis.