On Point blog, page 87 of 263
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.
Refusal hearing argument didn’t clearly raise issue argued on appeal, so it’s forfeited
State v. Danny L. Waters, 2018AP1455, District 4, 5/2/19 (one-judge decision; ineligible for publication); case activity (including briefs)
The argument Waters made at his refusal hearing wasn’t sufficiently clear to preserve the issue for appeal.
If 2 guys have sex with a woman who becomes pregnant, both better assume parental responsibility
E.M.K. v. Z.T.R., 2018AP1896, District 2, 5/1/19 (1-judge opinion, ineligible for publication); case activity
That’s the upshot of this court of appeals decision. Before terminating a biological father’s parental rights, there must be a finding that he “failed to assume parental responsibility” under §48.415(6). But what if there is a dispute about whether he is actually the biological father of the child? The court of appeals holds that if only one other guy was having sex with the mother when she became pregnant then the unverified, biological father had “reason to believe” he was in fact the father and should assume parental responsibility for the child.
Admission of other acts evidence and sufficiency of evidence for homicide conviction affirmed
State v. Alberto E. Rivera, 2018AP952-CR, 4/30, District 1 (not recommended for publication); case activity (including briefs).
The State charged Rivera with a homicide and an attempted homicide that occurred in 2015. Before trial, it moved to introduce “other acts” evidence–a homicide that Rivera committed in 1997. The trial court tentatively denied the motion. But then Rivera’s counsel made a “strategic” decision to offer the evidence as part of his defense. So, as you might guess, the appellate challenge regarding the admission of this evidence failed.
Driver’s silence constituted refusal; subpoenaed urine test results were admissible
State v. Gerald J. Vanderhoef, 2016AP2052-CR, District 1, 4/30/19 (not recommended for publication); case activity (including briefs)
Vanderhoef’s silence in response to the “Informing the Accused” form constituted a refusal to consent to a chemical test, so the subsequent blood draw was unlawful. However, the state subpoenaed the results of his urine test, and that evidence was admissible.
Court of appeals rejects jury pool and Batson challenges
State v. Michael Exhavier Dunn, 2018AP783-CR, 4/30/19, District 1 (not recommended for publication); case activity (including briefs).
The lead issues in this appeal are whether the jury pool for Dunn’s trial represented a fair cross section of the community and whether Dunn was denied equal protection when the DA struck 2 of the 3 African-Americans from the 30-person jury pool for his case.
TPR court erred in granting partial summary judgment at grounds phase
Brown County DHHS v. L.F.H., Sr., 2019AP145, District 3, 4/23/19 (one-judge decision; ineligible for publication); case activity
The County filed a petition to terminate L.F.H.’s parental rights based on a continuing denial of his periods of physical placement or visitation with his son, Leon (a pseudonym). The circuit court granted the County’s motion for summary judgment at the grounds phase, but that was error because the County failed to prove the CHIPS dispositional order satisfied the requirements of § 48.415(4).
TPR court had insufficient information to conclude it had jurisdiction
J.P. v. A.P., 2018AP1775 through 2018AP1778, District 4, 4/18/19 (one-judge decision; ineligible for publication); case activity
In this unusual case, the court of appeals agrees with a parent in a TPR proceeding that the circuit court may not have subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act because of an order issued in another state governs custody of the children.
Alleged omissions from search warrant application didn’t invalidate warrant
State v. Calvin Lee Brown, 2018AP766-CR, District 1, 4/9/19 (not recommended for publication); case activity (including briefs)
Brown challenged a search warrant that was executed at his home, arguing the police omitted information about J.R.R., an informant who was cited in the warrant application, and that the information provided reason to doubt J.R.R.’s credibility. The court of appeals rejects the challenge.