On Point blog, page 85 of 262
Court of appeals declares pro se appeal frivolous and orders sanctions
Village of McFarland v. Dale R. Meyer, 2018AP2130, 5/23/19, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs)
Harsh! That’s best description for this court of appeals decision sanctioning Meyer for his pro se appeal of his first OWI. The decision runs afoul of Amek Bin- Rilla v. Israel, 113 Wis. 2d 514, 335 N.W. 384 (1983) and Howell v. Denomie, 2005 WI 81, 282 Wis. 2d 130, 698 N.W.2d 62. Hopefully, a lawyer will take Meyer’s appeal, file a petition for review, and at least get the frivolous finding reversed.
Court of appeals rejects pro se litigant’s appeal of conviction for obstructing an officer
State v. Dale Andrejczak, 2019AP285, 5/23/19, District 4 (1-judge opinion, ineligible for publication); case activity (including response brief only)
Talk about disparate treatment. In a considered, respectful ruling against a different pro se appellant, the court of appeals here affirms a conviction for obstructing an officer out of deference to the circuit court’s credibility determinations.
Court of appeals affirms traffic stop made due to mistake of fact
State v. Kelly W. Brown, 2018AP2382-CR, Distrct 4, 5/23/19 (1-judge opinion, ineligible for publication); case activity (including briefs)
Deputy Weinfurter stopped Brown because he thought that Brown’s car had 6 headlights illuminated on its front rather than the maximum of 4 allowed by §347.07(1). The stop led to an OWI 2nd charge. Brown moved to suppress arguing that the deputy’s assumptions about the number of headlights on his car were unreasonable. Indeed his car had only 4 headlights.
COA: TPR default judgment was proper; refusal to vacate also proper
Barron County DHHS v. S.R.T., 2018AP1574 & 1575, 5/22/19, District 3 (one-judge decision; ineligible for publication); case activity
S.R.T. appeals the termination of his parental rights to his twin sons. He argues the court erroneously entered default judgments on grounds when he didn’t show up for a hearing, that the proceedings violated his right to due process because they were fundamentally unfair, and that the court erred in refusing to vacate the default judgments. The court of appeals rejects all three claims.
COA finds no erroneous exercise of discretion in juvenile waiver
State v. T.J.B., 2018AP2449, 5/22/19, District 2 (one-judge decision; ineligible for publication); case activity
T.J.B. was charged as a juvenile with various drug and gun charges; he’d sold a little less than a pound of weed and was in possession of two handguns. (¶¶5-8). The State sought waiver into adult court.
Warrantless entry to home requires suppression of evidence
State v. Brett C. Basler, 2018AP2299-CR, District 2, 5/15/19 (one-judge decision; ineligible for publication); case activity (including briefs)
Police entered Basler’s home looking for a driver suspected of hitting a Hardee’s® restaurant while operating while intoxicated. They didn’t have a warrant. There were no exigent circumstances. The entry was unlawful.
Extension of commitment moots appeal of original order
Waukesha County v. W.E.L., 2018AP1486, District 2, 5/15/19 (one-judge decision; ineligible for publication); case activity
While W.E.L.’s challenge to his initial six-month-long commitment and medication orders was pending, both orders were extended by stipulation for 12 months. He didn’t challenge the extension, so his appeal of the initial orders is moot.
Chapter 51 extension statute constitutional, and extension order was valid
Milwaukee County v. D.C.B., 2018AP987, District 1, 5/14/19 (one-judge decision; ineligible for publication); case activity
The court of appeals rejects D.C.B.’s constitutional and procedural challenges to the extension of his ch. 51 commitment.
Turning off idling car didn’t scotch probable cause
City of West Allis v. James M. Gregg, 2018AP1326, District 1, 5/14/19 (one-judge decision; ineligible for publication); case activity (including briefs)
Sure, the car wasn’t running by the time the officer pulled up behind it with his squad lights flashing. But that doesn’t mean the officer lacked probable cause to believe the guy behind the wheel had been operating while intoxicated.
Harmless error and a “reasonable reading” of the record doomed dad’s appeal from TPR order
Dane County DHS v. T.S., 2019AP415, 5/9/19, District 4 (1-judge opinion, ineligible for publication); case activity
At the grounds phase of this TPR case, T.S. challenged the circuit court’s application of §48.415(2), the CHIPS ground for terminating his parental rights. He also argued that at the disposition phase the circuit court ignored one of the “best interests of the child” factors required by §48.426(3) and substituted in an improper factor. He lost on both counts.