On Point

Winnebago County v. C.S., 2016AP1955, 8/16/17, District 2 (1-judge opinion; ineligible for publication); case activity

C.S. argues that §51.61(1)(g) is unconstitutional because it allows the government to administer involuntary medication to a prisoner without a finding of dangerousness. The court of appeals elected not to decide the issue due to mootness, but that seems like a mistake.

State v. Kavin K. Nesbit, 2017 WI App 58; case activity (including briefs)

Nesbit ran out of gas on I 94. He and his buddy were walking on the shoulder, red can in hand, to get gas when Deputy Fowles pulled up and told them he’d give them a ride to and from the gas station. But first, he asked them if they had any weapons. The friend said “no.” Nesbit who had been behaving normally “‘all of a sudden’ became ‘very deflated’ and shook his head slightly in the negative.”

State v. Derek Asunto, 2015AP50, 8/8/17, District 2 (recommended for publication); case activity (including briefs)

Derek Asunto and the state agreed to resolve several charges by dismissing some and having him plead to others. At the hearing where the deal was announced to the court, he entered a plea to one criminal count. The parties and court agreed the other counts would be held open until the sentencing hearing, but that at that hearing, Asunto would plead to an OWI-4th and the rest would be dismissed.

State v. K.J. & State v. A.W., 2016AP1501/1502 and 2017AP720/721, District 1, 8/8/17 (one-judge decision; ineligible for publication); case activity: 2016AP1501; 2016AP1502; 2017AP720; 2017AP721

The circuit court didn’t lose competency to terminate the parental rights of K.J. and A.W. after an initial TPR petition failed, nor did the doctrine of issue preclusion apply to the second TPR trial.

State v. J.L.B., 2016AP2358, District 4, 8/3/17 (one-judge decision; ineligible for publication); case activity The circuit court erred in finding that a six-year-old child’s videotaped interview was admissible under § 908.08 because nothing in the interview showed the child understood the importance of telling the truth and that there are negative consequences to untruthfulness. See § […]

State v. D.J.A.R., 2017AP52, District 4, 8/3/17 (one-judge decision; ineligible for publication); case activity

After D.J.A.R. was adjudicated delinquent for second degree child sexual assault under § 948.02(2), the circuit court ordered him to register as a sex offender. (¶¶4-6). It relied on § 938.34(15m)(am)1., which requires finding that the juvenile’s conduct was sexually motivated and that registration is in the interest of public protection. That was a mistake, because D.J.A.R.’s offense is governed by § 938.34(15m)(bm), which mandates registration unless the requirements of § 301.45(1m) are met. (¶¶11-14). The mistake was harmless, however. (¶15).

State v. Jesse U. Felbab, 2017AP12-CR, 8/2/17, District 2 (1-judge opinion; ineligible for publication); case activity (including briefs)

If at first you don’t succeed, try, try, try again. That’s surely the State’s take away from this decision. Deputy Schoonover stopped Felbab for erratic driving and determined that field sobriety tests and a drug-detecting dog were in order, so he called for a back up.  This led to the State charging Felbab with possession of THC. He moved to suppress.  Before giving its decision, the court told the parties that it would be willing to grant a motion to reopen if the losing party wanted to enter more evidence into the record. Hint. Hint.

State v. Anthony Alvarado, 2017 WI App 53; case activity (including briefs)

In this recommended-for-publication opinion, the court of appeals tackles an issue of first impression in Wisconsin.

State v. Samuel Silverstein, 2017 WI App 64; case activity (including briefs)

Pursuant to a warrant, police searched Silverstein’s computer for child porn. The “informer” was Tumblr, which is required by federal law to report suspected child pornography to the National Center for Missing and Exploited Children. Silverstein challenged the warrant as well as the mandatory minimum sentence the trial court imposed per §939.617, which he contends is unconstitutionally vague.

SCOTUS has announced that its new filing system will go live on November 13th. The Court will make all filings–including cert petitions filed in forma pauperis (like ours)–available on line for free.  Click here for more details and the SCOTUS press release.