On Point

City of Verona v. Edward A. Sieverding, 2017AP1813, 2/22/18, District 4 (one-judge decision; ineligible for publication); case activity

Sieverding appeals, pro se, from his conviction of four civil offenses related to his first-offense OWI in Verona. After being found guilty in municipal court, he notified that court he was appealing to the circuit court–but he failed to notify the plaintiff in the action, the City of Verona. The City, though, was notified of the appeal when the municipal court sent it a copy of the notice of appeal via email. In the circuit court the city sought, and received, dismissal for lack of service, and Sieverding appeals.

State v. Lance P. Howard, 2017AP677-688-CR, 2/21/18, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)

How to irritate the court of appeals. If you haven’t figure that out yet, read this opinion. 

Manitowoc County Human Serv. Dep’t v. J.K., 2017AP2371, 2/21/18 (1-judge opinion, ineligible for publication); case activity

If you handle TPR cases, this opinion is worth reading because the appellant raised creative arguments regarding, for example, the proper legal standard for summary judgment and a court’s ability to take judicial notice  of its own records. She also lodged an “as applied” constitutional challenge to §48.415(6) regarding failure to assume parental responsibility. This decision has SCOW potential.

State v. Shannon Olance Hendricks, 2018 WI 15, 2/20/18, affirming an unpublished court of appeals opinion, case activity (including briefs)

Can a defendant knowingly and intelligently plead guilty to a charge that requires proof of intent to do “X” if the defendant does not know what “X” is? The majority answers “yes.” Justice Abrahamson (joined by A.W. Bradley) answers “no.” Kurt Vonnegut fans will Shirley enjoy the dissent. 🙂 

State v. Daniel J.H. Bartelt, 2018 WI 16, 2/20/18, affirming a published court of appeals opinion, case activity (including briefs)

Suppose you confessed to attempted homicide while sitting in a police station interrogation room with 2 officers who are positioned between you and the exit. Would you feel free to leave? The majority says a reasonable person would. The dissent by A.W. Bradley (joined by Abrahamson) says a reasonable person would not.  

Now you can! Check out the SCOTUS Notes crowdsourcing project sponsored by the University of Minnesota: In this project, members of the public transcribe handwritten notes from U.S. Supreme Court justices. Unlike members of Congress, justices cast their votes in complete privacy during weekly conference meetings. Only justices are allowed in the Chief Justice’s conference […]

State v. Angus Murray McArthur, 2016AP2315-17-CR, 2/20/18, District 1 (not recommended for publication); case activity (including briefs)

This opinion recounts in detail MacArthur’s controlling, violent behavior toward K.W., the victim in this case, and toward 4 of his previous girlfriends. The lead issues are (1) whether McArthur’s conduct toward the previous girlfriends was admissible as “other acts” evidence, and (2) whether trial counsel was ineffective for not objecting when, during the jury trial, a detective read K.W.’s statement which described MacArthur’s “relationship rules” and his escalating violence toward her.  The court of appeals answers both questions “no.”

State v. Lee Vang, 2017AP75-77-CR, District 1, 2/20/18,(not recommended for publication); case activity (including briefs)

Vang argued that his trial was ineffective in failing to object to (1) a police officer’s hearsay testimony about the victim’s statements to him; (2) his own testimony on direct about participating in an illegal street race for money; and (3) the State’s question about the local Fox News station mentioning him on a segment called “Wisconsin’s Most Wanted.”  The court of appeals affirmed the circuit court’s decision to deny Vang a Machner hearing on the first 2 claims for failure to show prejudice and on the third claim for failure to show deficient performance.

State v. Marquis T. Williams, 2018 WI App 20; case activity (including briefs)

Williams, a prison inmate, objected to DOC deducting funds from his prison account to pay the restitution ordered in his criminal case. He asked the sentencing judge to order DOC to stop but the sentencing judge declined. The court of appeals affirms, holding the sentencing court isn’t competent to address that issue. Instead, Williams has to exhaust his administrative remedies using the inmate complaint review system (ICRS) and, if that fails, he can bring a certiorari action in circuit court.

State v. Angela J. Coker, 2017AP1555, District 2, 2/14/18 (one-judge decision; ineligible for publication); case activity (including briefs)

Coker was charged with OWI after police stopped her car because other drivers called police to report an erratic driver. The court of appeals rejects her claim that the information from the callers wasn’t sufficiently reliable because it was offered anonymously and wasn’t corroborated by the arresting officer’s observations.