On Point: C. Unpublished Opinions

State v. Jalen F. Gillie, 2020AP372, 1/20/21, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)

An officer stopped Gillie’s car on a “dark night” because of “suspected illegal window tint.” An eventual search of the car turned up a gun and Gillie was convicted of carrying a concealed weapon without a permit. On appeal he renews his argument that there was no reasonable suspicion for the stop. The court of appeals agrees with him on this, and so reverses his conviction (and declines to address his other Fourth Amendment claims connected to the encounter).

State v. James Lee Ballentine, 2019AP1597, 1/20/21, District 2 (not recommended for publication); case activity (including briefs)

Ballentine stood trial for three counts of delivering drugs. The charges arose from controlled buys; James was the informant and buyer. Ballentine’s defense was that James–seeking mitigation in his own drug charges–had framed Ballentine. Ballentine’s theory was that James had come into the alleged sales with the drugs already on him, and that he had concealed this fact by hiding them in such a way that the supervising police officers’ pat-downs would not find them. As part of this defense, Ballentine wished to adduce testimony that James had successfully concealed drugs from a police pat-down before, during an arrest; the drugs were eventually recovered after James ditched them in the police station.

Outagamie Countyv. G.S., 2019AP1950, 1/20/21, District 3 (1-judge opinion, ineligible for publication); case activity

“George” called law enforcement claiming to be a federal authority who wanted to make a citizen’s arrest of some duck hunters. When a deputy arrived at the lake he saw George in a boat with 2 encased firearms about 100 yards from shore where a group of duck hunters were upset about George’s verbal encounter with them. George never pointed a gun at anyone.  Based on this evidence, a doctor’s report, and substantial hearsay evidence, the circuit court committed Geoge under the 3rd standard of dangerousness, which requires a pattern of recent acts demonstrating a substantial probability that he would injure himself or others.

State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, District 4, 1/14/21 (not recommended for publication), petition for review granted, 6/16/21; affirmed, 2022 WI 8; case activity (including briefs)

A defendant who is found not guilty by reasons of mental disease or defect (NGI) of a crime may be committed under § 971.17 for the maximum term of confinement (for felonies under Truth-in-Sentencing II, § 971.17(1)(b)) or two-thirds the maximum term of imprisonment (for misdemeanors or pre-TIS II felonies, § 971.17(1)(a) and (d)). The court of appeals holds that if a defendant is found NGI for more than one offense, the maximum term of commitment is determined by adding together the maximum terms on each offense, as if they were consecutive.

State v. General Grant Wilson, 2018AP183-CR, 1/12/21, District 1 (not recommended for publication); case activity (including briefs)

This marks the 3rd time the court of appeals has addressed Wilson’s case. In this appeal, the sole question is whether trial counsel provided ineffective assistance of counsel. The circuit court found deficient performance but not prejudice. Two judges, White and Blanchard affirm. Brash filed an 18-page dissent arguing that the cumulative effect of several deficiencies warrants a new trial.

State v. J.T., 2020AP1151, 1/5/21, District 1 (1-judge opinion, ineligible for publication); case activity

E.W. was placed in foster care shortly after birth. Her dad, J.T., was incarcerated then. He remained so a year later when the State filed a TPR petition against him on the grounds that he failed to establish a substantial relationship with E.W. and failed to exercise significant responsibility for her. According to the State, J.T. failed to attend E.W.’s medical appointments and participate in decisions about her education. He pled no contest, and the circuit court terminated his parental rights.

Winnebago County v. D.D.A., 2020AP1351, District 2, 12/23/20 (one-judge decision; ineligible for publication); case activity

The court of appeals rejects D.D.A.’s challenges to the sufficiency of the petition to extend his ch. 51 commitment and to the evidence presented at the extension hearing.

Calumet County v. J.M.K., 2020AP1183-FT, District 2, 12/23/20 (one-judge decision; ineligible for publication); case activity

The evidence proved J.M.K. (“Jane”) was not competent to refuse psychotropic medication.

State v. Frederick Jennings, 2019AP1539-CR, 12/22/20, District 1 (not recommended for publication); case activity (including briefs)

Three officers noticed Jennings either in or near the passenger side of a Toyota having dark tinted windows. They detained him, found marijuana and contraband in the car, arrested him, and found heroin in his pocket. Jennings moved to suppress arguing that officers lacked reasonable suspicion for the detention. Two officers testified at the suppression hearing. They contradicted each other and the body cam video, none of which supplied reasonable suspicion for the stop. While the circuit court denied suppression, the court of appeals reversed.

State v. Chidiebele Praises Ozodi, 2019AP886-CR, District 2, 12/16/20 (not recommended for publication); case activity (including briefs)

The legislature amended § 939.42 in 2013 Wis. Act 307 to eliminate the defense of voluntary intoxication when the intoxication negated the existence of a requisite mental state, like intent or knowledge. But because the state has the burden of proving every element of an offense, including the mental state, there’s a due process argument that evidence of intoxication that might negate that element is relevant and admissible, despite the absence of a statutory defense of voluntary intoxication. (¶27 & n.4). If that’s so, then what, if anything, should the court tell the jury about how to use that evidence?