On Point blog, page 37 of 266
A bad decision on whether courts should conduct colloquies in ch. 51 cases
Kenosha County v. L.A.T., 2022AP603, 1/11/22, District 2; (1-judge opinion, ineligible for publication); case activity
This appeal involves an important, recurring issue. Must the circuit court conduct a colloquy to determine whether the subject of a ch. 51 commitment proceeding knowingly and voluntarily stipulates to a commitment and medication? The court of appeals holds that there is no colloquy requirement, and there shouldn’t be one. The subject of ch. 51 commitment is presumed competent. If she says she’s stipulating to a commitment and medication, then the circuit court can (1) presume she’s making a knowing, intelligent and voluntary decision, and (2) find her dangerous without specifying a standard of dangerousness.
Defense win! Circuit court properly excluded other acts as propensity evidence
State v. Clinton D. Clucas, 2022AP965, 12/30/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
This is a pretrial state’s appeal under Wis. Stat. § 974.05(1)(d)2.. The trial court excluded three of the four prior incidents the state proposed to offer as evidence in Clucas’s trial for disorderly conduct with the domestic abuse enhancer. The court of appeals affirms, concluding the state’s proffered “permissible purpose” for the evidence is really just propensity by another name.
COA: license suspension for 25 over in a 55 applies where 55 is posted
State v. Tisha Lee Love, 2022AP1422, 12/30/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Love appeals a jury verdict rendered against her for driving 87 miles per hour in a 55 zone.
Defense win! Officer’s “grossly negligent, if not reckless” search exceeded scope of warrant
State v. Thor S. Lancial, 2022AP146-CR, 1/5/22, District 3 (not recommended for publication); case activity (including briefs)
A jury convicted Lancial of 10 counts of possession of child pornography. On appeal, he argued that (1) the State’s evidence was insufficient to support the conviction and (2) the circuit court erred in denying his motion to suppress evidence that the police seized during their search of his cell phone. The court of appeals reversed on the second point and held that the pornography had to be excluded on remand.
COA takes tough stand on Wisconsin’s accident reporting statute
County of Monroe v. Kling, 2022AP339, 12/30/22, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs)
Section 346.70(1) governs a driver’s duty to report a car accident. When the accident does not cause injury or death, the driver must report the “total damage to property owned by any one person. . . to an apparent value of $1,000 or more” to the authorities by “the quickest means of communication.” There are no published opinions interpreting and applying this language. This decision construes it against drivers and affirms the civil forfeiture entered against Kling.
Defense win: Defendant entitled to withdraw plea on count for which the circuit court failed to explain elements
State v. Damon D. Taylor, 2021AP272-CR, District 4, 12/30/22 (not recommended for publication); case activity (including briefs)
Taylor moved to withdraw his Alford pleas to three crimes. The court of appeals agrees his plea to one of the three crimes was not knowing and intelligent because the circuit court failed to ascertain that he understood the elements of the offense.
Evidence sufficient for initial commitment under 4th standard
Marathon County v. L.A.R., 2022AP1226-FT, 12/29/22, District 3 (one-judge opinion; ineligible for publication); case activity
“Laura” has suffered from bipolar disorder for over 30 years. At her initial commitment hearing, one examiner testified that she met the 2nd standard of dangerousness. Another testified that she also met the 4th standard. The circuit court held that Laura satisfied only the latter standard. The court of appeals affirmed.
Partial summary judgment in TPR case affirmed
C.K. and A.K. v. K.L., 2022AP1289, District 4, 12/22/22 (one-judge decision; ineligible for publication); case activity
The circuit court didn’t err in granting partial summary judgment on the termination of parental rights petition filed against K.L. by C.K. and A.K., the grandparents and guardians of K.L.’s daughter B.K., because there were no genuine issues of material facts as to whether K.L. established a good cause defense to the ground of abandonment alleged in the petition.
Defendant failed to make timely jury demand in OWI 1st case
Washington County v. Justin David Dettmering, 2022AP941, District 2, 12/21/22 (one-judge decision; ineligible for publication); case activity (including briefs)
Dettmering didn’t demand a jury within the time indicated on the citation he was issued for OWI 1st, but he later claimed he should get a jury because he wasn’t advised of his right to a jury at his first court appearance as required by § 345.34(1). The court of appeals rejects his claim.
Waiver of juvenile court jurisdiction affirmed
State v. C.W.P., 2022AP1240 & 2022AP1317, District 2, 12/14/22 (one-judge decision; ineligible for publication); case activity (2022AP1240; 2022AP1317)
The state filed two juvenile delinquency petitions regarding C.W.P. and petitioned for waiver of juvenile jurisdiction in both cases. The circuit court held joint waiver hearings after which it granted waiver. The court of appeals rejects C.W.P.’s challenges to the circuit court’s decision.