On Point: C. Unpublished Opinions

State v. Anthony J. Madland, 2019AP146-CR, District 3, 1/28/20 (one-judge decision; ineligible for publication); case activity (including briefs)

Madland asserted that he requested an alternative chemical test under § 343.305 and that the officer who read the “informing the accused” form to him misled him as to his right to request an alternative test. The court of appeals rejects the claims in light of the circuit court’s fact findings.

State v. Michael S. Coleman, 2019AP1999-CR, District 4, 1/30/20 (one-judge decision; ineligible for publication); case activity (including briefs)

Coleman appealed the restitution ordered for the damage he did to a squad car by striking his head against the cage inside and kicking the door. (¶2). But his challenges are forfeited for failure to raise them in the circuit court.

State v. Edward L. Body, Sr., 2019AP836, 1/22/20, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Body appeals the sentence he received after the revocation of his probation. He claims the circuit court erred in considering his gender and unproven allegations contained in the PSI. He also argues the sentence–one year in jail for a repeater disorderly conduct–is unduly harsh. The court of appeals rejects all three claims.

State v. George E. Savage, 2019AP90-CR, District 1, 1/22/20 (not recommended for publication), petition for review granted, 5/19/20; case activity (including briefs)

Savage pleaded guilty to violating the sex offender registry statute for not providing updated information about where he was residing. He moved to withdraw his plea, asserting his trial lawyer was ineffective for failing to advise him he had a defense to the charge under State v. Dinkins, 2012 WI 24, 339 Wis. 2d 78, 810 N.W.2d 787. The circuit court rejected the claim based on an erroneous understanding of Dinkins, so it has to reassess Savage’s claim.

State v. Kaprisha E. Greer, 2019AP806-CR, District 1, 1/22/20 (one-judge decision; ineligible for publication); case activity (including briefs)

Greer seeks a new trial in the interest of justice on the ground that the jury at her disorderly conduct trial should have been instructed about the meaning of “true threat” because the state elicited evidence about a threat during its case-in-chief. The court of appeals rejects her claim.

Kenosha County DHS v. M.M.B., 2019AP1776 & 1777, 1/22/20, District 2 (one judge decision; ineligible for publication); case activity

M.M.B. is the father of two children, each of whom has a serious genetic disorder that threatens normal brain growth and function. The disorder can’t be cured but it can be controlled by adherence to a ketogenic diet. Both children were adjudicated CHIPS due to M.M.B.’s asserted inability to provide for their special needs; he allegedly does not believe that they have the disorder and does not comprehend the recommended diet. He also, per the county, doesn’t respond to their emotional needs in appropriate ways.

State v. Matthew Curtis Sills, 2018AP1052-CR, District 1, 1/14/20 (not recommended for publication); case activity (including briefs)

The State initially Sills with 1^st degree child sexual assault, but then amended the charge twice. Ultimately, Sills pled to 2^nd degree sexual assault of a child. Before he was sentenced, he moved to withdraw his plea arguing, among other things, that court had failed to inform him that he faced a maximum fine of $100,000.

Milwaukee County v. E.C.H., 2019AP772, District 1, 1/14/20, (1-judge opinion; ineligible for publication); case activity

This appeal asks: Is evidence of homelessness, by itself, sufficient to prove that a person is dangerous to himself or will become dangerous if treatment is withdrawn? And the answer is . . . we don’t know. Hiding behind the mootness doctrine, the court of appeals declined offer guidance to the circuit courts on this important issue of law.

State v. Kenneth J. Heinrich, 2018AP2124-CR, District 4, 1/9/19 (1-judge opinion, ineligible for publication); case activity (including briefs).

Heinrich moved to withdraw his guilty plea on the grounds that his bail-jumping charges lacked a factual basis and were multiplicitous. His motion and subsequent appeal failed.

State v. Kody K. Johnson, 2019AP1058-CR, District 4, 1/9/19, (1-judge opinion, ineligible for publication); case activity (including briefs)

Johnson accepted a negotiated disposition of 3 contempt charges stemming from his interference with child custody. He then moved to withdraw his plea arguing that the charges had no factual basis and were multiplicitous.