On Point

Winnebago County DHS v. Christina M.C., 2013AP1519/1520; District 2; 11/27/13 (1-judge; ineligible for publication); case activity

In the initial “grounds” stage of this TPR, the County and the GAL made several veiled references, plus one explicit reference, to the “bests of the child,” a topic that’s not to be addressed until stage 2.  Christina moved to set aside the finding that she is unfit as a parent, arguing that her trial counsel was ineffective in failing to object to these comments. 

Outagamie County v. Michael H., 2013AP1638-FT, District 3, 11/26/13 (1-judge decision, ineligible for publication), petition for review granted 6/12/14, affirmed, 2014 WI 127; case activity

Michael H. challenges a jury verdict finding him “dangerous” under Wis. Stat. § 51.20(1)(a)2a and involuntarily committing him for mental health treatment.  Given this procedural posture, the court of appeals’ holding seems confined to the facts of this case. 

Milwaukee County v. Mary F.-R., 2012AP958, affirming an unpublished court of appeals opinion; case activity

Majority opinion by Justice Crooks; concurrence by Chief Justice Abrahamson; additional concurrence by Justice Ziegler (joined by Justices Roggensack and Gableman)

The issues in this case spring from State v. Post, 197 Wis. 2d 279, 318-319, 541 N.W.2d 115 (1995)(“persons committed under Chapters 51 and 980 are similarly situated for purposes of equal protection comparison) and State v.

On review of court of appeals certification; case activity

Issue (from the certification)

Wisconsin Stat. § 980.02(1m) and (2) require that a commitment petition be filed “before the person is released or discharged” and allege that a person has been convicted of a sexually violent offense. Does § 980.02 additionally require that the commitment petition be filed before the person is released or discharged from a sentence that was imposed for the same sexually violent offense that is alleged in the petition as the predicate offense,

State v. Niko C., 2013AP1393, District 1, 11/26/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court properly exercised its discretion in denying Niko’s request to stay the requirement that he register as a sex offender under State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1.

First, the court considered the relevant factors under §§ 301.45(1m)(e) and 938.34(15m)(c) and (16).

State v. Antonio Reyes-Ortiz, 2013AP268-CR, District 1, 11/26/13; court of appeals decision (not recommended for publication); case activity

Reyes-Ortiz argued there was an insufficient factual basis for his plea to first degree reckless injury because the victim’s injuries rose only to the level of “substantial bodily harm” under § 939.22(38), not “great bodily harm” under  § 939.22(14), as required by § 940.23(1)(a).

Review of published court of appeals decision; case activity

Issue (composed by On Point)

When the passenger of a car asks a police officer searching the car if he has “got a warrant for that?” before the officer opens a briefcase found in the hatchback of the car, has the driver’s general consent to search the car been limited?

For more factual background about this an interesting and novel issue in Wisconsin,

Review of published court of appeals decision; case activity

Issue (composed by On Point)

Does § 346.65(2)(am)6., which provides that “the confinement portion of a bifurcated sentence imposed under s. 973.01 [for an OWI 7th, 8th, or 9th] shall be not less than 3 years,” require that a bifurcated sentence be imposed?

The court of appeals held that the statute requires a minimum period of confinement if a bifurcated sentence is imposed,

Review of a published court of appeals decision; case activity

Issue:  Whether under § 973.015 the circuit court has the discretion to withhold its decision on expungement until after the defendant completes probation?

Wis. Stat. § 973.015 authorizes the circuit court to expunge the record of a defendant under the age of 25 in certain situations. Matasek says the statute gives the circuit court discretion to defer its expunction decision until after the offender successfully completes probation.

Review of per curiam court of appeals decision; case activity

Issue (composed by On Point)

Whether Wis.  Stat. § 343.303, which bars the admission of certain preliminary breath test results in motor vehicle prosecutions, applies to PBT results obtained by Emergency Room staff?

Issue (again, composed by On Point)

WIS JI- Criminal 1185, which is based upon § 885.135(2g)(c), permits a jury to find a defendant was intoxicated at the time of an accident if it is satisfied beyond a reasonable doubt that the defendant’s alcohol level was 0.08 or greater.