On Point

State v. Gavin S. Hill, 2016 WI App 29; case activity (including briefs)

The court of appeals holds that the standards for alleging and applying the ordinary repeater enhancer under § 939.62 also govern the domestic abuse repeater enhancer under § 939.621. Thus, the state must either prove that the defendant was convicted of the required predicate offenses or the defendant must admit that he was convicted of those offenses.

State v. Anthony R. Owens, 2016 WI App 32; case activity (including briefs)

The circuit court properly admitted the victim’s statements about who shot him under the dying declaration exception to the hearsay rule, and the admission of the victim’s statements didn’t violate the Confrontation Clause.

State v. Jason D. Henderson, 2015AP1740-CR, District I, 3/1/16 (1-judge decision; ineligible for publication); case activity (including briefs)

Henderson pled to two misdemeanor repeaters. He now seeks to withdraw his plea on the ground that counsel was ineffective for misinforming him that the two-year maximum sentence on each count was divided into one year of initial confinement and one year of extended supervision, rather than the correct 18 month/6 month split. 

State v. D. T., 2015AP1476, 3/1/2016, District 1 (one-judge opinion; ineligible for publication); case activity

D.T. asserts he was ambushed when the juvenile court took judicial notice of his file and sua sponte called a witness before lifting the stay of his five-year sentence; the court of appeals affirms after finding different grounds to lift the stay.

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State v. Jama I. Jama, 2014AP2432-CR, District 4, 2/25/16 (not recommended for publication); case activity (including briefs)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