On Point: C. Unpublished Opinions

State v. Christopher Jones, 2009AP2761-CR, District 1, 9/28/10

court of appeals decision (3-judge, not recommended for publication); for Jones: Jeremy C. Perri, SPD, Milwaukee Appellate; BiC; Resp.; Reply

The court rejects a claim of an “end-run” around the plea bargain, which limited the State’s recommendation to 10 years imprisonment while leaving the “configuration” of confinement and supervision to judicial discretion, based on prosecutorial comments:

• the “whole matter was “aggravated by the defendant’s record,”

Dane Co. DHS v. Tierra M., 2010AP1648, District 4, 9/23/10

court of appeals decision (1-judge, not for publication); for Tierra M.: Martha K. Askins, SPD, Madison Appellate

The court rejects the idea that Tierra M.’s termination of parental rights wasn’t “fully tried” under the theory that the subsequently decided Sheboygan County Department of Health & Human Services v. Tanya M.B., 2010 WI 55 requires departmental services relevant to implied as well as explicitly ordered conditions for the children’s return.

Milwaukee County v. Earl Z., 2010AP704, District 1, 9/23/10

court of appeals decision (1-judge, not for publication); for Earl Z.: Jeremy Perri, SPD, Milwaukee Appellate

County appeal of dismissal of emergency detention at probable cause stage is moot, where facts supporting that requested detention are no longer operative. Exceptions to mootness — appellate court may reach merits if the issue is sufficiently important or likely repetitious but evasive of review —

State v. Seneca Joseph Boykin, 2009AP2499-CR, District 2, 9/22/10

court of appeals decision (3-judge, not recommended for publication); for Boykin: Mark A. Schoenfeldt; BiC; Resp.

A probation agent may not evade the warrant requirement by acting as a “stalking horse” for the police in conducting a warrantless search of a probationer’s residence, ¶10. In this instance, probation officer Navis, acting on reliable information that Boykin was using and selling cocaine,

State v. James Stoner, III, 2009AP2963, District 2, 9/22/10

court of appeals decision (1-judge, not for publication); for Stoner: Joshua Davis Uller; BiC; Resp.; Reply

“Reopen-and-amend” plea bargains, “referring to those plea bargains where the State and defendant agree that a judgment of conviction, once announced, will be amended by the State upon the happening of some future event. 

State v. Joseph Donald Peacock, 2010AP954-CR, District 3, 9/21/10

court of appeals decision (1-judge, not for publication); for Peacock: James R. Phelan; BiC; Resp.; Reply

Because the officer knew from previous contacts, including one a mere 6 days prior, that Peacock’s driver’s license was suspended, he had reasonable suspicion to stop Peacock’s vehicle even though there were multiple occupants and the officer couldn’t see the driver.

State v. Richard Martin Kubat, 2010AP509-CR, District 3, 9/21/10

court of appeals decision (1-judge, not for publication); for Kubat: Marc Grant Kurzman; BiC; Resp.

Battery – Self-Defense – Sufficiency of Evidence

A verbal confrontation between truckers at a truck stop eventuated in Belcher disabling Kubat’s truck and inviting Kubat to get his punk ass out of his cab “and get it.” Kubat accepted the invitation and brought his tire knocker along as his own guest.  

State v. Jerome Hoehne, 2009AP2561-CR, District 4, 9/15/10

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

Probable Cause – Traffic Violation: Driving in Center Lane

Driving in the center lane of a 3-lane highway did not support probable cause to arrest for a traffic violation:

¶8        On appeal,

City of Tomah v. Matthew Pudlow, 2010AP1044, District 4, 9/15/10

court of appeals decision (1-judge, not for publication); for Pudlow: Rick Niemeier, Maggie Premo; BiC; Resp.; Reply

Traveling in reverse at 30 mph, near an intersection with a highway, provided reasonable suspicion to stop:

¶13      The totality of the circumstances provided Officer Furlano with reasonable suspicion to justify an investigative stop of the vehicle in order to investigate Pudlow’s driving behavior,

State v. Robert Allen, Jr., 2009AP2596-CR , District 1, 9/14/10

court of appeals decision (3-judge, not recommended for publication); for Allen: Bradley J. Lochowicz; BiC; Resp.; Reply

Interrogation Request for Counsel – Re-Initiation by Suspect

Allen’s invocation of right to counsel terminated his interrogation, but he immediately re-initiated communication with the police by asking “what’s going on”:

¶15      “Even after a suspect in custody asks to speak with a lawyer,