On Point blog, page 26 of 262
In assault case alleging accosting woman in vehicle, COA holds similar incident the same day admissible other acts
State v. Jose A. Arevalo-Viera, 2021AP1937, 7/25/23, District 1 (not recommended for publication); case activity (including briefs)
In a case alleging a disturbing sexual assault, the court of appeals exercises a deferential standard of review to uphold the lower court’s decision to admit other-acts evidence regarding an alleged attempted assault occurring on the same day.
Lack of developed argument as to why “direct evidence” from foster parents should be required at a TPR dispositional hearing dooms appeal
Dane County DHS v. S.M., 2023AP607, 6/8/23, District 4 (one-judge decision; ineligible for publication); case activity (briefs not available).
In an appeal challenging the circuit court’s decision to terminate S.M.’s parental rights, the court of appeals concludes the court did not need to receive “direct evidence” from the proposed adoptive parents before exercising its discretion and entering a termination order.
“Knock-and-talk” investigative technique and emergency aid exception save warrantless home entry
State v. Roger James Gollon, 2023AP86-CR, District 4, 7/27/23 (one-judge decision; ineligible for publication); case activity (including briefs)
Gollon moved to suppress evidence police obtained after they entered his home without a warrant. The trouble, the court of appeals holds, with Gollon’s claim is that police utlized an accepted “knock-and-talk” investigating technique to gain entry to the curtilage of Gollon’s home and that “all remaining challenged conduct” was excused by the “emergency aid” exception to the Fourth Amendment.
Circuit court reasonably exercised its discretion in ordering default judgment; terminating parent’s rights
State of Wisconsin v. M.S.H., 2023AP692, District I, 8/1/23, 1-judge decision ineligible for publication; case activity (briefs not available)
A parent’s non-cooperation with an involuntary TPR leads to a default judgment and, despite some compelling arguments, COA rejects her invitation to reweigh the dispositional evidence and reverse the order terminating her parental rights.
COA affirms circuit court in an opinion generating more uncertainty about appellate challenges to Chapter 51 medication orders
Winnebago County v. D.E.W., 2023AP215, District II, 7/26/23, 1-judge decision ineligible for publication; petition for review granted 12/12/23; dismissed as improvidently granted 5/14/24 case activity (briefs not available)
In yet another appeal of a medication order, COA concludes the County sufficiently cleared legal hurdles meant to protect citizens from the involuntary administration of psychotropic drugs.
Purported lack of prejudice dooms constitutional speedy trial claim
State v. Ned Guerra, 2022AP2098-CR, 7/19/23, District 2 (1-judge decision; not eligible for publication); case activity (including briefs)
Twenty-0ne months passed between the filing of the criminal complaint and Guerra’s trial. The delay was caused by a state’s witness’ temporary unavailability and the circuit court’s COVID-based backlog of higher-priority trials. While Guerra clearly asserted his right to a speedy trial, the court affirms the circuit court’s denial of Guerra’s motion to dismiss because “there is no evidence that Guerra was prejudiced by the delay.” Opinion, ¶23.
COA applies L.X.D.-O. and affirms involuntary commitment
Racine County v. P.J.L, 2023AP254, District 2, 7/19/23, 1-judge decision ineligible for publication; case activity (briefs not available)
In Outagamie County v. L.X.D.-O., 2023 WI App 17, ¶36, 407 Wis. 2d 518, 991 N.W.2d 518 (PFR denied), the court of appeals rejected a sufficiency challenge to an involuntary medication order and held that an examiner’s report need not be entered into evidence in order for the circuit court to consider the information contained therein. Now, the court extends L.X.D.-O. to an initial commitment order itself under the same rationale. Opinion, ¶20 n.6.
Officer substantially complied with the “Informing the Accused” statute
State v. Danial Christopher Wheaton, 2022AP2082-CR, District 4, 7/27/23 (one-judge decision; ineligible for publication); case activity (including briefs)
The officer who arrested Wheaton for OWI flubbed the first clause of the first sentence of the “Informing the Accused” script set out in § 343.305(4), but still substantially complied with the statute.
COA affirms father’s pro se challenge to revised CHIPS order
Waukesha County v. C.M.M., 2022AP2081, District 2, 7/19/23 (one-judge decision; ineligible for publication); case activity
C.M.M. (“Charles”) challenges a revised CHIPS dispositional order that eliminated visits between Charles and his son, A.M.M. Charles’ claim on appeal is that the circuit court erred by (1) substituting a “Criminal Division Judge” instead of a “Juvenile Division Judge” and (2) doing so without following the proper procedure. The court of appeals sees no errors and affirms.
COA affirms conviction that results in LWOP sentence
State v. Alvin James Jemison, Jr., 2021AP2207-CR, 7/18/23, District 1 (not recommended for publication); case activity (including briefs)
After a jury trial, Jemison was convicted of second-degree sexual assault of an unconscious person (Teresa) as a repeater – serious sex crime and sentenced to life in prison without the possibility of release to extended supervision. See Wis. Stat. § 939.618(2)(b). After the circuit court denied his postconviction motion without a Machner hearing, Jemison raised three claims on appeal: (1) the evidence was insufficient to support the completed sexual intercourse charge, (2) the court erred in its admission of other acts evidence, and (3) the court erroneously denied his claims without an evidentiary hearing. The court of appeals rejects each of Jemison’s claims and affirms.