On Point: Uncategorized

State v. James R. Dobie, 2011AP399-CR, District 3, 8/9/11

court of appeals decision (1-judge, not for publication); for Dobie: Curt Fisher; case activity

Evidence held sufficient to sustain DC guilty verdict, based on Dobie biting his girlfriend’s (Ronek) arm. Although Ronek testified and denied that Dobie bit her, observations of officers responding to a disturbance call supplied proof of guilt:

¶10      We conclude the evidence presented at trial sufficiently supports Dobie’s disorderly conduct conviction.  

State v. Kevin J. Burch, 2011AP666-CR, District 4, 7/21/11

court of appeals decision (1-judge, not for publication); for Burch: Christopher W. Dyer; case activity

Reasonable suspicion of impaired driving supported the stop:

¶4        The officer was operating a squad car in West Salem late one weekday night when, at 12:44 a.m., the officer observed a truck that drew his attention.  The truck drew his attention because it was traveling “at an extremely low rate of speed,

State v. Randy L. TeStroette, 2011AP290-CR, District 2, 7/6/11

court of appeals decision (1-judge, not for publication); for TeStroete: Kirk B. Obear, Casey J. Hoff; case activity

Report from named (therefore non-anonymous) citizen of “possible intoxicated driver,” describing the vehicle’s location, plate number and color,  supplied reasonable suspicion to stop TeStroete’s car, even though the officer himself observed neither erratic driving nor traffic violations.

¶11      TeStroete relies on State v.

State v. Gabriel S., 2010AP2876, District 1, 4/19/11

court of appeals decision (1-judge, not for publication); for Gabriel S.: Jane S. Earle; case activity

Decision to terminate parental rights upheld as proper exercise of discretion, against argument (as to grounds) that Gabriel S. wasn’t to blame for abuse that caused child to be removed from home under CHIPS order; and (as to disposition) that in its best-interests analysis,

State v. Matthew M. Gilbert, 2010AP2672-CR, District 2, 4/6/11

court of appeals decision (1-judge, not for publication); for Gilbert: Christopher Lee Wiesmueller; case activity

Given trial court findings of fact, the officer reasonably believed that Gilbert’s registration plate lamp and brake lamps were inoperable, and thus had reasonable suspicion to make the stop. Inability to testify as to which lights were actually inoperable doesn’t detract from support for the stop.

State v. Joseph R. Jones, 2010AP2326-CR, District 4, 3/24/11

court of appeals decision (1-judge, not for publication); for Jones: Rebecca J. Vahle; case activity

Reasonable suspicion to believe Jones had committed a (domestic violence-related) crime supported investigative stop.

¶10      Deputy Miller, who was dispatched to aid Curley, observed a woman standing alone on a deserted county road before the sun had risen.  He was aware that she had informed the 911 dispatcher that she had been kicked out of a vehicle and he observed that she was scared and crying.  

State v. Timothy M. Pence, 2010AP1944-CR , District 4, 3/24/11

court of appeals decision (1-judge, not for publication); for Pence: Jessica Jean Giesen, Charles W. Giesen; case activity

Stop of Pence’s vehicle upheld, even if Pence was violating no specific traffic law, on reasonable suspicion he was driving while intoxicated:

¶11      The totality of the circumstances in this case supports the reasonableness of Deputy Miller’s investigative stop. 

Marathon County v. Julie H., 2010AP2157, District 3, 3/22/11

court of appeals decision (1-judge, not for publication); for Julie H.: Dennis Schertz; case activity

Evidence held sufficient to sustain grounds for termination, namely failure to abide by CHIPS conditions. She failed to provide for the child’s protection and safety, in that her live-in fiance, a registered sex offender, refused to participate in treatment; she failed to accept the diagnoses of a mental health professional and seek treatment for same;

Village of Hortonville v. George A. Buchman, 2010AP2836, District 3, 3/22/11

court of appeals decision (1-judge, not for publication); for Buchman: Walter Arthur Piel, Jr.; case activity

Observation of Buchman’s vehicle “operating left of center (line)” established probable cause of a violation of § 346.05 (“shall drive on the right side of the roadway”). This violation “occurs even if the vehicle only momentarily crosses the centerline,” ¶¶7-8.

Dodge Co. HSHD v. James R., 2010AP3092, District 4, 3/10/11

court of appeals decision (1-judge, not for publication); case activity; for James R.: Steven Zaleski

Evidence that the father sought admitted to show the County’s motive for filing the petition – “that the County’s real motivation for filing was not because the County believed he posed a substantial threat to the children, but rather to facilitate adoption”