On Point: C. Unpublished Opinions

State v. Charles D. Brown, No. 2009AP2093-CR, District I, 6/23/10

court of appeals decision (3-judge, not recommended for publication); for Brown: Martin J. Pruhs; BiC; Resp.

Under State v. Comstock, 168 Wis. 2d 915, 485 N.W.2d 354 (1992), a court may not sua sponte order withdrawal of a guilty plea, absent fraud or intentional withholding of material information.

City of Chippewa Falls v. Kenneth C. Hein, No. 09AP2729, District III, 6/23/10

court of appeals decision (1-judge; not for publication); for Hein: Paul D. Polacek; BiC; (Resp. not on-line); Reply

Stop of Hein’s vehicle was supported by “reports of suspicious activity about 2:30 a.m., the nature of which was unknown:”

¶10      … A prudent officer proceeding into such ambiguity and uncertainty will ensure the availability of witnesses or suspects and freeze the scene in order to further investigate:

[A] law enforcement officer will be confronted with many situations in which it seems necessary to acquire some further information from or about a person whose name he does not know,

Village of Whitefish Bay v. David W. Czirr, No. 2010AP92, District I, 6/22/10

court of appeals decision (1-judge; not for publication); for Czirr: Rex Anderegg; BiC; Resp.; Reply

Driving across median, even for very brief period of time, establishes probable cause to arrest for traffic offense:

¶14      Next, Czirr does not specifically argue that momentarily being on top of the median cannot constitute a violation of WIS.

State v. Melvin G. Walton, No. 2009AP001304-CR, District I, 6/22/10

court of appeals decision (3-judge, not recommended for publication); for Walton: Byron C. Lichstein; BiC; Resp.; Reply

Prosecutorial Failure to Disclose Evidence

¶28     The State has two separate evidence-disclosure responsibilities: a statutory responsibility imposed by WIS. STAT. § 971.23 and a constitutional responsibility imposed by Brady v. Maryland,

City of Ripon v. Jonathan Lebese, No. 2009AP2996-FT, District II, 6/16/10

court of appeals decision (1-judge; not for publication); for Lebese: Wendy A. Patrickus; BiC; Resp.

¶13     The circuit court’s “preliminary ruling” was based on the well-established standards of reasonable suspicion. Lebese’s counsel had proffered that the additional defense witness would corroborate Lebese’s account that he swerved in an evasive maneuver to avoid colliding with the car to his right.

Shawano Co. v. William P. Pari, No. 2009AP2338-FT, District III, 6/15/10

court of appeals decision (1-judge; not for publication); for Pari: John S. Bartholomew; BiC; Resp.; Reply

¶10    We agree that Pari’s minimal deviations within the traffic lane do not alone give rise to reasonable suspicion that he was operating while intoxicated. See id., ¶¶18-21. Nor do we place great emphasis on that fact here when considering the totality of the circumstances.

State v. Armando J. Castanada, No. 2009AP1438-CR, District I, 6/15/10

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

Appellate Review – Implicit Findings

¶30     The postconviction circuit court did not make any express findings as to the credibility of any of the witnesses’ testimony. However, as the State observes, when the circuit court does not make express findings,

Bradley K. Darwin, No. 2009AP2608-FT, District IV, 6/10/10

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

¶5     Darwin argues that the officer lacked probable cause to arrest him for OWI. The municipal court made the following findings of fact with respect to probable cause: Darwin signaled a turn, but failed to complete it; he denied drinking;

State v. Melody P.M., No. 2009AP2994, District IV, 6/10/10

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

Civil conviction for an ordinance violation may be expunged under § 973.015.

Can’t provide any of the background beyond what’s recited in the opinion, because all traces have been removed from both circuit court and appellate dockets. Makes sense: if you’re going to order expungement then the order ought to have practical meaning.

Village of West Salem v. Low, 2009AP2654, Dist IV, 3/25/2010

court of appeal decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br.

Challenge to OWI-1st in municipal court fails for want of jurisdiction, where judgment had been entered in circuit court because at the time no local municipal court existed.

An obscure problem, to be sure, but possibly of enough interest to be disseminated.