On Point: C. Unpublished Opinions

State v. Antonio L. Bell, 2018AP1593 & 1594, 12/27/19, District 1 (not recommended for publication); case activity (including briefs)

Bell pleaded to two sexual assaults: one of his 9-year-old daughter and one of his 14-year-old stepdaughter. He maintained his innocence but insisted that he would plead to spare them from testifying. After sentencing, he filed postconviction motions alleging his counsel didn’t sufficiently investigate the possibility that the 14-year-old’s boyfriend was the actual perpetrator, and also that there was newly-discovered evidence in the form of a more detailed recantation by the 9-year-old: she now also said it was the boyfriend who’d assaulted her. The circuit court denied both without a hearing, but the court of appeals now says Bell should have a chance to prove his claims.

State v. Toby J. Vandenberg, 2018AP1810-CR, District 3, 12/23/19 (not recommended for publication); case activity (including briefs)

Vandenberg pled no contest to OWI 7th. The state agreed to cap its sentencing recommendation at four years of confinement and four years of extended supervision. At sentencing Vandenberg’s lawyer, while saying there was “a strong argument there’s a mandatory minimum of three years’ incarceration,” nonetheless argued for probation. (¶¶6-11). Was counsel ineffective for making that argument? Nope.

State v. S.E.M.T., 2019AP1004, 12/19/19, District 4 (1-judge opinion, ineligible for publication); case activity

S.E.M.T., who is cognitively disabled, was accused of committing sexual assault and armed robbery (brandishing a stick) at age 16. The circuit court didn’t erroneously exercise its discretion when it waived him into adult court.

State v. D.I.H., 2019AP1874, District 1, 12/27/19 (one-judge decision; ineligible for publication); case activity

D.I.H. challenges the order terminating the parental rights of her mother and father, arguing the circuit court erroneously exercised its discretion in concluding that termination was in her best interests. The court of appeals affirms.

Adoptions of Wisconsin, Inc. v. N.R.K., 2019AP1726, 12/27/19, District 3 (one-judge decision; ineligible for publication); case activity

Here the court of appeals upholds the termination of a biological father’s parental rights, concluding that he failed to assume parental responsibility.

State v. N.M.A.-S., 2018AP2308-09, 12/17/19, District 1 (1-judge opinion, ineligible for publication); case activity

This TPR case involves a mom with a substance abuse problem and her daughter  who had ingested morphine.  At the trial on grounds, defense counsel asked the jury pool: “Is there anyone that believes that someone who is struggling with an addiction currently is not fit to parent their children?”

Wood County v. Trevor J. Krizan, 2019AP350, 12/12/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

A sheriff’s deputy on patrol at 2:00 a.m. happened by a parking lot for a boat landing. The lot was open to the public 24 hours a day, and he saw a vehicle parked, not running, with its lights off. The officer pulled behind it and shined his spotlight and “takedown lights” (these are apparently very bright lights that may temporarily blind occupants of a vehicle on which they are shined) at the car. He saw two occupants and no signs of distress, but he approached the vehicle, spoke to the occupants, and took their identification. Eventually he noted signs of intoxication that led to Krizan’s arrest for first-offense OWI. But Krizan challenged the stop and won in the trial court, and the county appealed.

State v. Jonathan A. Ortiz-Rodriguez, 2018AP2401-CR, District 1, 11/26/19, (not recommended for publication); case activity (including briefs)

The State charged the defendant with repeated sexual assault of a child, which carries a 25-year minimum term of initial confinement. Trial counsel told the defendant that the State had offered to recommend 5 to 8 years if he would plead to one count of child sexual assault.  But then at sentencing the State argued for 20 years IC and 20 years ES.

La Crosse County v. J.M.A., 2018AP1258, 11/21/19, District 4 (one-judge decision; ineligible for publication); case activity

J.M.A. appeals his recommitment under ch. 51. He argues the psychiatrist who was the sole witness at his trial provided only conclusory testimony on dangerousness; the court of appeals disagrees.

State v. Z.J., 2019AP1623-1626, District 1, 11/19/19, (1-judge opinion, ineligible for publication); case activity

All TPRs are sad. But this one really highlights the Catch 22 that poverty can create for a parent. Z.J., mother of 4, was struggling with drug and alcohol abuse. The State sought to terminate her parental rights for these and other reasons. But the real issue is whether the circuit court properly exercised its discretion when it entered a default judgment against her at the grounds phase.