On Point

In case you missed the article on InsideTrack, the Appellate Practice Section just announced its first ever “Outstanding Brief Competition”–a project spearheaded by Chair-Elect Shelly Fite and Board members Brian Blanchard and Jeremy Perri.  The submission deadline is March 31, 2016.  Nominations are confidential. Click here for more details.

State v. Jama I. Jama, 2014AP2432-CR, District 4, 2/25/16 (not recommended for publication); case activity (including briefs)

Jama was convicted of both second degree sexual assault of a person too intoxicated to give consent, § 940.225(2)(cm), and third degree sexual assault (sexual intercourse or contact without consent), § 940.225(3), for the same act. The court of appeals rejects Jama’s claim that he can’t be convicted of both counts.

State v. Drew A. Heinrich, 2015AP1524-CR, District 4, 2/25/16 (one-judge decision; ineligible for publication); case activity (including briefs)

The stop of the car Heinrich was driving was reasonable under State v. Newer, 2007 WI App 236, 306 Wis. 2d 193, 742 N.W.2d 923, because one of the two owners of the car had an occupational license and the vehicle was being operated outside the times allowed by that license.

Waushara County DHS v. V.L., 2016AP23, District 4, 2/25/16 (one-judge decision; ineligible for publication); case activity

V.L. challenged the circuit court’s decision to terminate her parental rights to her son R.E.L., arguing the circuit court didn’t properly consider four of the factors under § 48.426(3). The court of appeals finds no erroneous exercise of discretion.

State v. Andy J. Parisi, 2016 WI 10, 2/24/2016, affirming an unpublished court of appeals decision; case activity (including briefs)

Police found Andy Parisi unconscious and having trouble breathing. Almost two and a half hours later, at a hospital, an officer had his blood drawn to test for heroin. The state supreme court now holds that the circumstances of this case–which seem to boil down to the fact that heroin naturally dissipates within the bloodstream–were “exigent,” justifying the warrantless search.

M. L.-F. v. Oneida County Department of Social Services, 2016 WI App 25; case activity

The County filed for termination of the parental rights of the mother and father of twin boys. While the TPRs were pending, the father’s mother, M. L.-F, filed a petition for guardianship of her grandsons. The court of appeals now holds that court’s decision in the T.P.R–to place the children under state guardianship pending adoption by their foster parents–would override any conflicting order in the guardianship case, and so affirms the dismissal of the guardianship petition.

United States v. Gregorio Paniagua-Garcia, 7th Circuit Court of Appeals No. 15-2540, 2/18/16

The stop of Paniagua-Garcia for texting while driving was unlawful because the officer had no basis for concluding Paniagua-Garcia was using his cellphone to send a text or email as opposed to using it in some way that isn’t prohibited.

City of Madison v. Jeffrey K. Crossfield, 2015AP800, 2/18/16, District 4 (one-judge decision; ineligible for publication); case activity

The court rejects a motorist’s claim that he broke no law when, approaching a sign directing him to merge left, he instead went right.

It’s been a quiet week in the Wisconsin Court of Appeals in terms of criminal law-related cases, so we thought we’d offer you some other things to read this weekend—and beyond!

Justice Scalia’s death means several big cases (public unions, voting rights, immigration, etc.) could result in a deadlock. While there are no formal rules on point, the press reports that if a 4-4 split occurs, then either the court of appeals decision will be affirmed without comment or SCOTUS will set the case for re-argument […]