On Point

State v. Langston C. Austin, 2013 WI App 96; case activity

In this important case the court of appeals holds that the pattern jury instruction for self-defense in cases involving reckless or negligent crimes does not properly apprise the jury that the state has the burden to prove the defendant did not act in self-defense.

Austin stabbed two people during a confrontation on a street and was charged with two counts of first-degree recklessly endangering safety with a dangerous weapon.

State v. Ryan Erik Diggins, 2012AP526-CR, District 1, 7/30/13; court of appeals decision (not recommended for publication); case activity

There was no objectively reasonable suspicion that Diggins was loitering in violation of Milwaukee’s loitering ordinance, § 106-31(1), where Diggins was seen standing for five minutes, doing nothing, at a gas station– “a place to which the public is invited”–and then moved across the street to a bus stop–“another equally public place”–even though both places were in a high crime area:

¶13      Here,

State v. Gabriel Griffin, 2012AP2631-CR, District 1, 7/30/13; court of appeals decision (1-judge; ineligible for publication); case activity

Agreeing with State v. Gerondale, 2009AP1237-CR and 2009AP1238-CR (Wis. Ct. App Nov. 3, 2009) (unpublished), and State v. Ash, No. 2012AP381-CR (Wis. Ct. App. Aug. 15, 2012) (unpublished), that there is a conflict in § 973.01 which affects the structure of enhanced misdemeanor sentences,

State v. Ronnie L. Thums, 2012AP929-CR, District 4, 7/25/13; court of appeals decision (not recommended for publication); case activity

Sufficiency of evidence of conspiracy

Thums was charged with offering money to Trepanier, a fellow prison inmate, to kill Thums’s ex-wife and others associated with her. (¶2). In response to Trepanier’s questions about how he’d be paid, Thums told Trepanier to burglarize his ex-wife’s mother’s home and then drew a map depicting the location of that home and his ex-wife’s home.

State v. Michael E. Mauermann, 2012AP2568-CR, District 4, 7/25/13; court of appeals decision (1-judge; ineligible for publication); case activity

Iowa County Ordinance § 600.08 provides that “[n]o person shall operate a motor vehicle so as to make any loud, disturbing or unnecessary noise in or about any public street, alley, park or private residence which may tend to annoy or disturb another by causing the tires of said vehicle to squeal,

State v. Randel R. Clark, 2012AP2661, District 4, 7/25/13; court of appeals decision (1-judge; ineligible for publication); case activity

The record supports the circuit court’s conclusion that the police officer used reasonable means to convey the necessary implied consent warnings to Clark under the standard in State v. Piddington, 2001 WI 24, ¶24, 241 Wis. 2d 754, 623 N.W.2d 528, despite Clark’s claims he couldn’t hear the officer,

Kenosha County DHS v. Debra S.A., 2013AP318, District 2, 7/24/13; court of appeals decision (1-judge; ineligible for publication); case activity

In a fact-dependent decision that applies the well-established sufficiency standard (¶10), the court concludes the evidence at the fact-finding hearing permitted the trier of fact to conclude that Debra had not complied with requirements that she actively participate in mental health services and successfully complete and demonstrate an understanding of the principles taught in a parenting program and that she would not meet these conditions within nine months.

State v. Ramon G. Gonzalez, 2012AP1818-CR, District 1, 7/23/13; court of appeals decision (not recommended for publication), petition for review granted, 1/19/14, affirmed, 2014 WI 124; case activity

Self-incrimination — requiring defendant to show physical characteristic to jury

Where inmate victim of battery by another prisoner identified one of his assailants as an inmate “with platinum teeth”

Walworth County DH&HS v. Roberta J.W., 2013 WI App 102; consolidated case activity: 2012AP2387; 2012AP2388 

The County petitioned to terminate Roberta’s parental rights in 2007 on the grounds her children were in continuing need of protection and services. After a jury trial and dispositional hearing her rights were terminated, but on appeal the termination order was reversed and remanded for a new fact-finding hearing. (¶4).

State v. Deontaye Terrel Lusk, 2012AP587-CR, 2012AP588-CR, 2012AP589-CR, & 2012AP590-CR, District 1, 7/16/13; court of appeals decision (not recommended for publication); case activity: 2012AP587-CR; 2012AP588-CR; 2012AP589-CR; 2012AP590-CR

Joinder

Lusk was charged in four cases with crimes arising from five armed robberies and one attempted armed robbery that occurred in April, May, June, and July, 2009. In  two of the robberies the victim was killed,