On Point: 11. Defense Wins

City of Appleton v. Kylie M. Johnson, 2012AP1922, District 3, 2/12/13; court of appeals decision (1-judge, ineligible for publication); case activity

Jurisdiction of court – defects in truancy citation

Defects in an habitual truancy citation did not prevent court from obtaining personal jurisdiction over Johnson before it entered default judgment. She did not appear at the first hearing on the citation, so the court entered a default judgment against her;

Pierce County v. Troy H., 2012AP2525 and 2012AP2526, District 3, 2/19/13; court of appeals decision (1-judge, ineligible for publication); case activity

The circuit court termination decision was the result of an erroneous exercise of discretion because the court failed to consider the statutory factors:

¶8        Troy asserts the circuit court erroneously exercised its discretion because the record shows that the court did not consider any of the Wis.

State v. Jesus C. Villarreal, 2013 WI App 33; case activity

Trial counsel was ineffective because he had an actual conflict of interest arising from his dual representation of both Villareal and a defense witness who had testified at Villarreal’s first trial (which ended in a hung jury ) and who, before the second trial, was accused of committing perjury during the first trial.

The witness was Villarreal’s sister,

State v. Scott B. Bohlinger, 2013 WI App 39; case activity

Bohlinger made a prima facie showing that two prior OWI convictions were invalid because he did not knowingly and intelligently waive the right to counsel due to his limited cognitive capabilities. The circuit court concluded he had not made such a showing because he did not allege any deficiency in the colloquies addressing the waiver of counsel in the earlier cases.

State v. Jeremiah J. Purtell, 2012AP1307-CR, District 2, 3/7/13  (not recommended for publication); petition for review granted 11/20/13.  Case activity.

This case concerns a probation agent’s search of the defendant’s computers.  Following a conviction for 2 counts of animal cruelty, a court placed the defendant on probation and imposed a condition that he not own or possess a computer. 

State v. Thomas G. Felski, 2012AP1115-CR, District 2, 1/3/13

Court of appeals decision (1 judge; ineligible for publication); case activity

Felski was convicted of violating Wis. Admin. Code ATCP § 110.05 (criminalized by virtue of § 100.20(2)) for failing to have a written contract covering some remodeling projects. Evidence at trial focused on construction of a garage, but Felski also worked on an addition to the house not covered by a written contract.

Milwaukee County v. Cheri V., 2012AP1737, District 1, 12/18/12

 court of appeals decision (1-judge, ineligible for publication); case activity

Mental health commitment, § 51.20, requires proof of mental illness and dangerousness. Cheri V. limits this challenge to the latter; the court agrees:

¶7        As seen from our recitation of the facts adduced at the trial, however, there is absolutely no evidence that any of the statutory prerequisites were met—yelling at and pointing a finger at another person,

State v. Darryl J. Badzinski, 2011AP2905-CR, District 1, 11/27/12; court of appeals decision (not recommended for publication), petition for review granted 4/18/13; reversed, 2014 WI 6; case activity

Complaint – Adequate Notice (Child Sexual Assault) – Waived Objection 

Badzinski waived his objection to the complaint – counsel conceded, at a motion to dismiss because of vagueness,

State v. Joel Steinhauer, 2012AP189-CR, District 3, 11/27/12

court of appeals decision (not recommended for publication); case activity

When the State fails to articulate the specific other acts testimony it seeks to adduce, the trial court acts within its discretion in ruling the testimony inadmissible without performing the 3-step analysis of State v. Sullivan, 216 Wis. 2d 768, 771–73, 576 N.W.2d 30 (1998).

Elliot D. Ray v. Clements, 7th Cir No. 11-3228, 11/19/12

seventh circuit decision, appeal following remand in 592 F.3d 793 (7th Cir 2010) (summarized in prior post)

… (W)e hold that in cases where the pro se prisoner’s post-conviction motion is not received, the petitioner must submit a sworn statement and some evidence to support his claim that he timely delivered the filing to a prison official,