On Point: 11. Defense Wins

State v. Cody Phillips, 2014 WI App 3; case activity

This case reached the court of appeals via a petition for leave to appeal a non-final order.

The State’s juvenile delinquency petition alleged that Phillips committed one count of 1st-dgree sexual assault of child by use or threat of force and a second count of 2nd-degree assault of a child.  At the State’s request, the juvenile court waived Phillips into adult court on both counts and ultimately pled no contest to two counts of 2nd-degree sexual assault of a child. 

Fond du Lac County v. Randal B. Hopper, 2012AP1719, District 2, 11/27/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court properly concluded the defendant did not unlawfully refuse to provide a breath sample because the officer lacked probable cause to arrest him for OWI:

¶10      Considering the collective knowledge of dispatch and the arresting deputy at the time the deputy arrested Hopper,

State v. Matthew Allen Lilek, Appeal No. 2012AP1855, District 1; 11/13/13, (not recommended for publication), case activity

The dispositive issue in this appeal was whether the defendant, who is legally blind and has suffered cognitive disabilities his entire life, knowingly, intelligently, and voluntarily entered a no-contest plea to second degree sexual assault, with use of force, and to aggravated battery.  During the plea colloquy, defense counsel assured the court that experts had examined his client and,

State v. Bradley M. Jones, 2013 WI App 151; case activity

¶1        …. Wisconsin Stat. § 980.07 (2011-12) mandates annual reexamination of persons committed to secure treatment facilities as sexually violent persons. Following the Department of Health Services’ annual reexamination, Bradley M. Jones requested and was denied appointment of an independent examiner and counsel prior to review of his petition for discharge. Under the applicable statutes,

Wood County Human Services v. James D., 2013AP1378, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity

One of the elements of protective placement is that the person has a disability that is permanent or likely to be permanent, § 55.08(1)(d). The County failed to prove this element by clear and convincing evidence because its psychological expert was unable to testify that James suffered from a permanent or likely to be permanent disability,

State v. Marker Alan Sperber, 2013AP358-CR, District 3, 10/15/13 (not recommended for publication); case activity

This appeal turns on Wis JI-Criminal 2670, which explains the 5 elements of the crime the Sperber was charged with–a hit and run causing death to the victim.  The 2nd element requires that the defendant know that his vehicle was involved in an accident involving a person.  The problem here was that Sperber was driving in the dark on wet roads flanked by blackened snowbanks.  

State v. Deris Huley, 2013AP682, 9/26/13 (1-judge ineligible for publication); case activity

It’s not often the court of appeals rules against the State.

 Huley pled no contest to a misdemeanor hit and run of an attended vehicle, as a repeater. See §346.74(5)(a).  The State sought restitution in the amount of $4,064.83 for the victim’s personal injuries.  Noting that “restitution is the rule and not the exception” and that “the victim need only show that the defendant’s actions were the precipitating cause of the injury and that [the injury] was the natural consequence of the actions,” the court of appeals nevertheless affirmed the denial of restitution. 

State v. Raphfael Lyfold Myrick, 2013 WI App 123; case activity

Wow!  District 1 is really on a roll.  Twice in less than one week they’ve reversed a conviction for first-degree murder.  Last Friday it was State v. Wilson, 2011AP1803, a summary reversal and hence not summarized by On Point.  Wednesday, it was State v. Myrick, the subject of today’s post.

Marathon County v. Eric G. Fischer, 2013AP760, District 3, 9/4/13; court of appeals decision (1-judge; ineligible for publication); case activity

Police lacked probable cause to arrest Fischer because a “tip” from an ER nurse that Fischer’s BAC was “0.15 percent” did not provide a reliable basis to conclude Fischer was operating while intoxicated.

Fischer was the operator of a motorcycle that crashed. (¶2). Police collected scant information at the scene before Fischer was taken to the hospital.

State v. Kenneth C. House, 2013 WI App 111; case activity

House was stopped for operating with a suspended registration. After running House’s license and learning he was on probation for a drug offense, the officer returned House’s license and issued him a warning for the suspended registration. The officer then retrieved his police dog who, after sniffing around the vehicle, alerted on the driver and passenger doors.