On Point

State v. D.A.M., 2020AP821, District 2, 11/25/20 (one-judge decision; ineligible for publication); case activity

The evidence at D.A.M.’s trial was sufficient to show his conduct constituted a terrorist threat under § 947.019.

City of New Berlin v. Eric John Dreher, 2020AP850, District 2, 11/25/20 (one-judge decision; ineligible for publication); case activity (including briefs) An officer testified he observed Dreher cut across lanes while turning, deviate from his lane, and travel at a high rate of speed. This led the officer to believe the driver was impaired, as […]

State v. Michael Anthony Dotson, 2019AP1082-CR, District 3, 11/24/20 (one-judge decision; ineligible for publication); case activity (including briefs)

Though this is a “close case” (¶28), the objectively reasonable inferences from the totality of the facts and circumstances known to the officer who stopped Dotson’s car did not provide reasonable suspicion to believe that Dotson’s blood alcohol level exceeded the legal limits or that his ability to operate his vehicle was impaired. Thus, the officer’s detention of Dotson to conduct field sobriety tests was unlawful.

State v. Kevin L. Nash, 2020 WI 85, 11/19/20, affirming a per curiam court of appeals decision; case activity (including briefs)

Before accepting a plea entered under North Carolina v. Alford, 400 U.S. 25 (1970), a circuit court must determine whether there is “strong proof of guilt” sufficient to “substantially negate” the defendant’s claims of innocence. State v. Garcia, 192 Wis. 2d 845, 859-60, 532 N.W.2d 111 (1995); State ex rel. Warren v. Schwartz, 219 Wis. 2d 615, 645, 579 N.W.2d 698 (1998).  The supreme court declines to exercise its superintending authority to require circuit courts to employ a specific procedure to establish a sufficient factual basis for an Alford plea.

Fond du Lac County v. S.N.W., 2019AP2073, petition for review granted 11/19/20; case activity

Issues presented:

1. Did the circuit court lack competency to adjudicate this Chapter 51 commitment proceeding due to the county’s violation of the rule requiring it to file psychiatric reports 48 hours before the final hearing?

2. If the circuit court retained competency, did it err in admitting a tardy report and the testimony of the report’s author?

State v. Richard L. Pringle, 2020AP6-CR, 11/17/20, District 3 (not recommended for publication); case activity (including briefs)

No witness, expert or otherwise, may give an opinion that a mentally competent witness is telling the truth. State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984).  This case, which the court of appeals calls “close,” holds that an expert may give an opinion that a category of individuals generally lacks the sophistication to concoct a sexual assault claim.

Vilas County DHS v. N.J.P., 2019AP1567, 12/15/20, District 3 (1-judge opinion, ineligible for publication); case activity

In this appeal from an initial commitment, the county conceded that it had not offered clear and convincing evidence to mee the 4th standard of dangerousness. It asked the court of appeals to affirm the commitment based on the 5th standard of dangerousness.  The court of appeals rejected the county’s concession and affirmed on the 4th standard because N.J.P., who is mentally ill, had been expelled from a homeless shelter and was found dressed in tattered clothes on a bitterly cold day. 

Caniglia v. Strom, USSC No. 20-157, cert granted 11/20/20

Question presented:

Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.

United States v. Cooley, USSC No. 19-1414, cert. granted 11-20-20

Question presented:

Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law.

State v. George Steven Burch, 2019AP404-CR, certification granted 11/18/20; case activity (including briefs)

Issues presented (from the certification):

Did police violate Burch’s Fourth Amendment rights by:

1. exceeding the scope of Burch’s consent to search his cell phone by downloading the phone’s entire contents, rather than only the text messages;
2. unlawfully retaining the entire cell phone download after it completed its initial investigation and closing the case without charging Burch; and
3. unlawfully conducting a second search of the cell phone download months after closing the initial investigation.