On Point: Uncategorized

Dane Co. DHS v. Lamont B., 2011AP1750, District 4, 10/27/11

court of appeals decision (1-judge, not for publication); for Lamont B.: Ann T. Bowe; case activity

The trial court properly exercised discretion in terminating parental rights, rather than dismissing the petition and transferring guardianship of the children to their foster parents pursuant to §§ 48.977(2) and § 48.427(3m)(c).

¶6        Six factors must be satisfied for a court to appoint a guardian under Wis.

State v. Tammi Zellmer, 2010AP1986, District 4, 10/27/11

court of appeals decision (1-judge, not for publication); for Zellmer: John D. Hyland; case activity

Probable cause to believe Zellmer was operating under the influence supported her arrest: she was speeding; the time, 2:50 a.m., was close to “bar time”; her eyes were glassy and bloodshot; she admitted to having drunk 2 beers and a mixed drink; her performance on field sobriety tests exhibited signs of intoxication.

State v. John E. Ahern, 2011AP898, District 2, 10/26/11

court of appeals decision(1-judge, not for publication); for Ahern: Dennis M. Melowski, Sarvan Singh; case activity

The officer had reasonable suspicion to “stop” Ahern’s vehicle for a noncriminal traffic violation, namely that the vehicle was parked in a roadway without affording other traffic sufficient room to drive around it.

¶10      At the time of the stop,

Florence County Dept. of Human Services v. Jennifer B., 2011AP384, District 3/1, 9/29/11

court of appeals decision (1-judge, not for publication); for Jennifer B.: Martha K. Askins, SPD, Madison Appellate; case activity

Because the record doesn’t clearly establish whether Jennifer B. voluntarily terminated her rights, entered a no-contest plea, or made an admission to the allegations in the petition, a new TPR hearing is required. The trial court didn’t sufficiently inquire into matters required of a voluntary consent to terminate,

State v. Kim R. Kallenberg, 2011AP276, District 2, 8/17/11

court of appeals decision (1-judge, not for publication); for Miller: Kirk B. Obear, Casey J. Hoff; case activity

Lane deviation unaccompanied by signal provided adequate basis for stop.

¶8        We hold that there was probable cause that Kallenberg violated Wis. Stat. §§ 346.13(1) and 346.34(1)(b).  A driver preceding another has the duty to use the roadway in the usual manner with proper regard for all others using that road and to “properly signal his intentions to deviate from his line of travel.”  Burlison v.

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.