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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.

Does Gallion apply to a trial court’s decision to order sex offender registration?

State v. Timothy L. Landry, 2017AP1739-CR, 6/6/18, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)

Landry pled to 2 counts of 4th-degree sexual assault and was ordered to comply with §973.048(1m)(a), Wisconsin’s sex offender registry. On appeal, he argued that the trial court had not made the necessary findings or explained its decision adequately a la Gallion. He lost.

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Court of appeals rejects challenges to admission and sufficiency of evidence

State v. James E. Gray, 2017AP452-CR, 6/6/18, District 2, (not recommended for publication); case activity (including briefs)

The court of appeals here affirms several trial court evidentiary decisions and holds that the State presented sufficient evidence to support convictions for 5 counts  of identity theft.  As you might guess, the decision hinges on the harmless error doctrine and facts specific to this case.

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Father’s killing of mother established TPR grounds

State v. F.E.L., 2017AP2489, 6/5/18, District 1 (one-judge decision; ineligible for publication); case activity

F.E.L. seeks to withdraw his no contest plea at the grounds phase of his TPR proceeding. He contends there was an insufficient factual basis for the single ground he pled to, failure to assume parental responsibility.

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May 2018 publication list

On May 31, 2018, the court of appeals ordered the publication of the following criminal law related decision:

State v. Robert P. Vesper, 2018 WI App 31 (sentencing judge didn’t need to give separate reasons for imposing a fine)

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Inconsistent (unpublished) decisions on what’s required for domestic abuse surcharge

State v. Anthony Iven Jones, A/K/A Hashim Hasan, 2017AP364, 6/5/18, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)

A jury found Jones guilty of bail jumping. one of his bond conditions had been that he stay 500 feet away from his former wife. He made a threatening phone call to her and was discovered by a police officer to be “approximately 92 feet away” from her house. He first claims there was insufficient evidence to support his conviction, but the court does not agree, based on the essential facts just noted. (¶12).

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Denial of substitute counsel affimed; it was defendant’s responsibility to procure his witnesses for trial

State v. Anthony Donte Dixon, 2017AP2221-2222-CR, 6/5/18, District 1 (1-judge opinion, eligible for publication); case activity

Dixon wasn’t happy with his trial lawyer. They hadn’t communicated before the final pre-trial conference. When they did communicate, Dixon told his lawyer that he wanted him to contact several alibi witnesses and provided their names and numbers. Two witnesses didn’t return counsel’s call. One “simply gave her information” [no explanation of that means.] On the day of the trial, counsel informed the court that Dixon wanted to fire him and was prepared to get a new lawyer on his own. The trial court denied the request so Dixon tried his case pro se.

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Constant video tracking of car gave reasonable suspicion it was correct target of stop

Winnebago County v. Lesa L. Maus, 2017AP1979, 5/30/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Maus challenges her stop on the ground that the citizen witness who called in a driver going the wrong way on the interstate said the car was beige, but her car, the one stopped, was black.

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COA: There was reasonable suspicion for stop, man on ground with deputy’s knee on his back being handcuffed wasn’t arrested

Dane County v. Damian A. Bethke, 2017AP1284, 5/31/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Bethke was acquitted of his OWI charge, so this is an appeal only of his refusal, and his claim is that the officer who detained him violated his Fourth Amendment rights.

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Wrong return address on notice of intent to revoke license doesn’t undo refusal revocation

County of Door v. Donald L. McPhail, 2017AP1079, 5/30/18, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

When McPhail was arrested for first-offense OWI, he refused a blood test. The arresting officer gave him the notice of intent to withdraw his operating privilege, which told McPhail he had 10 days to request a hearing, and that he should send his request to 1201 S. Duluth Ave in Sturgeon Bay. But that’s the Sheriff’s department, not the clerk of courts, which is at 1205 (though the two are part of the same complex).

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Order revoking operating privileges for unlawful refusal of blood test upheld

State v. Jeffrey A. Jacobi, 2017AP1816, 5/30/18, District 1, (1-judge opinion, ineligible for publication); case activity (including briefs)

Based on facts specific to this case, the court of appeals held that the arresting officer had probable cause to believe Jacobi was intoxicated when he bumped into a car while driving his motorcycle. It also wagged its finger at appellate counsel for carelessness in compiling the record and for misrepresenting the record. It also noted his failure to file a reply brief.

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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.