On Point blog, page 254 of 265
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court of appeals decision (1-judge, not for publication); for Eaton: Chad A. Lanning; case activity; Eaton BiC; State Resp.; Reply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court of appeals decision (1-judge, not for publication); for Brandsma: Anthony J. Jurek; case activity; Brandsma BiC; State Resp.; Reply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court of appeals decision (3-judge, not recommended for publication); for Bouc: Adam Walsh; case activity; Bouc BiC; State Resp.; Reply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court of appeals decision (1-judge, not for publication); for Lorie O.: Leonard D. Kachinsky; case activity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court of appeals decision (1-judge, not for publication); for Greenwood: Gerald C. Opgenorth; case activity; Greenwood BiC; State Resp.; Reply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).
Evidence – Ongoing Conflict with Deceased, Hearsay – Residual Exception, 3rd-Party Guilt; Sufficiency of Evidence – Homicide
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”
Miranda – Custody; Lesser Included Offense Instruction
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,
TPR – Default as Sanction; Formal Advice as to Rights – Harmless Error
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,
TPR – Right to Post-Disposition Visitation, Vacated Order and Right to Reinstated Visitation
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,
Consensual Entry of Residence
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,