On Point: Uncategorized

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court of appeals decision (1-judge, not for publication); for Jones: Rebecca J. Vahle; case activity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court of appeals decision (1-judge, not for publication); for Pence: Jessica Jean Giesen, Charles W. Giesen; case activity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court of appeals decision (1-judge, not for publication); for Julie H.: Dennis Schertz; case activity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court of appeals decision (1-judge, not for publication); for Buchman: Walter Arthur Piel, Jr.; case activity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court of appeals decision (1-judge, not for publication); case activity; for James R.: Steven Zaleski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”

State v. Nicholas Fex, 2010AP1794-CR, District 1, 2/23/11

court of appeals decision (1-judge, not for publication); for Fex: Wendy A. Patrickus; case activity

Reasonable suspicion supported stop of only car seen leaving bar parking lot, at high rate of speed, following report of fight at the bar.

¶8        Based on the totality of the circumstances, we agree with the trial court that the high rate of speed at which Fex left the bar together with the officers’ knowledge that a fight had been reported at that bar,

State v. Cham Okery Omot, 2010AP899, District III

court of appeals decision (3-judge, not recommended for publication); for Omot: Tyler William Wickman; case activity; Omot BiC; State Resp.; Reply

Evidence held insufficient to sustain convictions for maintaining drug trafficking place, § 961.42(1), and possession with intent to distribute THC , § 961.41(1m)(h)1., both as party to a crime,

State v. Jason C. Walker, 2010AP83-CR, District 3, 12/14/10

court of appeals decision; (3-judge, not recommended for publication); for Walker: William E. Schmaal, SPD, Madison Appellate; BiC; Resp.; Reply; prior opinion withdrawn 12/2/10, prior summary, here

On sentencing after revocation, the trial judge relied on sexual assault allegations appearing in the revocation summary;

State v. William J. Merry, 2010AP1618-CR, District 2, 11/17/10

court of appeals decision (1-judge, not for publication); pro se; State Resp.

¶8        Here, Nye testified that when he observed Merry’s vehicle, he could see “that the stoplight for the intersection for westbound traffic was red.” While Merry is correct that Nye did not (and could not) testify to having personally observed the traffic light from Merry’s perspective,

Outagamie County v. Daniel C. Torreano, 2010AP978, District 3, 11/2/10 

court of appeals decision (1-judge, not for publication); for Torreano: Chad A. Lanning; BiC; Resp.; Reply

¶8        While this case also presents a relatively close call, we agree with the circuit court that the stop was supported by reasonable suspicion.  That Torreano was observed driving in the early morning hours, within forty-five minutes of “bar time,” is a highly significant factor.