On Point: 11. Defense Wins

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.

State v. Adrian Castaneda, 2012AP1596-CR, District 1, 8/13/13; court of appeals decision (not recommended for publication); case activity

Sufficiency of evidence to support felony bail jumping conviction

The state and the defense stipulated to the fact that Castaneda had been charged with a felony and agreed the jury would be told only that Castaneda had committed a “crime.” (¶¶3-4, 7-9). A proposed instruction that defined a “crime”

State v. Anthony M. Teller, Jr., 2013AP502-CR, District 3, 8/13/13; court of appeals decision (1-judge; ineligible for publication); case activity

The sentencing court exhibited objective bias in the form of the appearance of bias based on its statements at the original sentencing hearing:

¶21      …. The court told Teller he had “bad news” in the form of “a two-year prison sentence coming [his] way,” and, if he came back to court,

State v. Myron C. Dillard, 2013 WI App 108, petition for review granted, 2/19/14, affirmed, 2014 WI 123; case activity

Dillard accepted a plea bargain under which a persistent repeater allegation was dismissed, thus apparently reducing his maximum penalty exposure by avoiding a mandatory life sentence without prospect of release. But Dillard was not really subject to the persistent repeater law,

Winnebago County v. Donna H., 2013AP80, District 2, 7/31/13; court of appeals decision (1-judge; ineligible for publication); case activity

Applying the supreme court’s recent decision in Outagamie County v. Melanie L., 2013 WI 67, the court of appeals concludes Winnebago County failed to show Donna H. is not competent to refuse medication. The applicable statute, § 55.14(1)(b), requires the County to show that the advantages and disadvantages of accepting medication have been explained to the individual subject to a possible involuntary medication order.

State v. Langston C. Austin, 2013 WI App 96; case activity

In this important case the court of appeals holds that the pattern jury instruction for self-defense in cases involving reckless or negligent crimes does not properly apprise the jury that the state has the burden to prove the defendant did not act in self-defense.

Austin stabbed two people during a confrontation on a street and was charged with two counts of first-degree recklessly endangering safety with a dangerous weapon.

State v. Ryan Erik Diggins, 2012AP526-CR, District 1, 7/30/13; court of appeals decision (not recommended for publication); case activity

There was no objectively reasonable suspicion that Diggins was loitering in violation of Milwaukee’s loitering ordinance, § 106-31(1), where Diggins was seen standing for five minutes, doing nothing, at a gas station– “a place to which the public is invited”–and then moved across the street to a bus stop–“another equally public place”–even though both places were in a high crime area:

¶13      Here,