On Point: C. Unpublished Opinions

Walworth County v. P.S., 2021AP2090-FT, 4/13/22, District 2, (1-judge opinion, ineligible for publication); case activity

The circuit court entered an initial commitment order against P.C. without specifying a standard of dangerousness. The court of appeals shrugged. It did not matter because the circuit court’s findings “were specific, tracked the statutory criteria, and are supported by the record.” Opinion, ¶10 n.2.

Waupaca County v. H.I.B., 2021AP2026, 4/7/22, District 4 (1-judge opinion ineligible for publication); case activity

It is uncontested that “Hazel” has done well for three commitments in a row. Yet the court of appeals has affirmed her 4th Chapter 51 recommitment  because the jury could have inferred a “substantial probability” of death or serious injury from evidence that was “only suggestive” and that “lacked details such as dates and clear descriptions of conduct.”

Dane County DHS v. A.D., 2022AP76 & 2022AP77, District 4, 3/31/22 (one-judge decision; ineligible for publication); case activity

Another case showing that in TPR proceedings, “egregious” conduct is coming to mean “missing one hearing.”

City of Rhinelander v. Zachary Tyler LaFave-LaCrosse, 2020AP1466-1467, 4/5/22, District 3 (1-judge appeal, ineligible for publication); case activity (including briefs)

This case needs a motion for reconsideration. LaFave-LaCrosse, an unemployed student, appealed convictions for OWI 1st and refusal to take a breath test and moved the circuit court for waiver of transcript fees due to his indigency. The circuit court denied his motion, so he appealed that decision. The court of appeals held that the circuit court made an error of law. But then the court of appeals applied the wrong legal standard to affirm.

State v. E.L.C., 2021AP1624, 4/5/22, District 1, (1-judge opinion, ineligible for publication); case activity

In 2016, 13-year-old E.L.C. pled to 4th-degree sexual assault of his 7-year-old sister. The juvenile court deferred the issue of sex offender reporting until E.L.C. had a chance to participate in counseling. Five years later, it ordered him to register as a sex offender based on his conduct during supervision and his failure to fully engage with treatment. The court of appeals affirmed.

State v. Michael Lee Muehl, 2021AP1755-CR & 2021AP1758-CR, District 4, 3/31/21 (one-judge decision; ineligible for publication); case activity (including briefs)

The circuit court sentenced Muehl to prison and made him eligible for the earned release programs. Turns out Muehl was ineligible for those programs, so he filed a motion to modify his sentence on the grounds that his ineligibility was a “new factor”—that is, a fact highly relevant to the imposition of sentence that was not known to the judge at the time of sentencing because it wasn’t in existence or was unknowingly overlooked. State v. Harbor, 2011 WI 28, ¶35, 333 Wis. 2d 53, 797 N.W.2d 828. (¶¶2-10). Although a defendant’s ineligibility for earned release programming   might be a new factor in some cases, it isn’t here because Muehl hasn’t established his ineligibility was “highly relevant” to the sentencing decision.

State v. Eric Allen Erickson, 2021AP1826-CR, District 4, 3/31/22 (one-judge decision; ineligible for publication); case activity (including briefs)

The state appealed a circuit court order granting Erickson’s collateral attack of a prior OWI conviction. Erickson’s response brief argued that the state ignored the relevant facts and relied on irrelevant facts. Erickson also cited authorities that “squarely rebut” authorities relied on by the state. Despite Erickson’s onslaught against its argument,

State v. Christopher Antonje Tek, 2021AP1112-Cr, 3/31/22, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs).

About 45 seconds into a traffic stop, Officer Rocha placed Tek in handcuffs and continued his investigation of a possible OWI.  Ten minutes later, Rocha took Tek to jail and arrested him. Tek argued that he was arrested–without probable cause–when Rocha cuffed him.  The court of appeals disagreed. It held that Rocha had reasonable suspicion to investigate a possible crime, and his use of handcuffs did not transform Tek’s detention into an arrest.

State v. Richard Brian Lopez, 2020AP108-CR, 3/29/2022, District 1; (not recommended for publication); case activity (including briefs)

Lopez was convicted of battering his girlfriend, “Margaret,” with whom he had children. Before trial, the DA turned over photos depicting the bruising on Margaret’s face.  But at trial, it surprised Lopez with a second set of photos showing the progression of her bruising. The defense objected. The circuit court refused to exclude the second set based on harmless error. The photos only depicted what Margaret and police described in their testimony.  The court of appeals affirmed.

State v. Michael J. Leighton, 2021AP1949-cr, 3/30/22, District 2 (not recommended for publication; case activity (including briefs)

In 2018, the State charged Leighton with misdemeanor theft and fraudulent use of a credit card, both as repeaters.  In 2020, he asked the DA for “prompt disposition” of his case per §971.11. Receiving no response, he moved for dismissal, which the court granted without prejudice. On appeal, he says dismissal should have been with prejudice.  The court of appeals disagreed due to the victim’s rights.