On Point

Florence County DHS v. Jennifer B., 2012AP2314, 2012AP2315, and 2012AP2316, District 3, 4/9/13; court of appeals decision (1-judge, ineligible for publication); case activity: 2012AP2314; 2012AP2315; 2012AP2316 

Jennifer’s consent to terminate her parental rights to her older children was knowing and voluntary despite the fact she received “advice” from numerous people that consenting to termination for those children might help her get back her youngest child who was in foster care in Michigan.

City of West Allis v. Robert C. Braun, 2012AP1199, District 1, 4/9/13; court of appeals decision (1-judge, ineligible for publication); case activity

The trial court erroneously instructed the jury in a municipal forfeiture case that the defendant was presumed innocent, and the City is therefore entitled to a new trial:

¶12      Here, the circuit court seemed to combine both instructions [Wis. J.I.-Criminal 140 and 140A] by informing the jury that Braun was presumed innocent and that the City had the burden of proving,

State v. Matthew A. Lonkoski, 2013 WI 30, affirming unpublished court of appeals decision; case activity

About 30 minutes into being questioned by police about the death of his daughter, Matthew Lonkoski said he wanted a lawyer. (¶12). Under Edwards v. Arizona, 451 U.S. 477 (1981), the invocation of the right to counsel would mean the police had to cease interrogation unless Lonkoski reinitiated the interview.

In the Matter of State v. Michael Buchanan: State ex rel. Office of State Public Defender v. Wis. Court of Appeals, District IV, 2013 WI 31, on review of petition for supervisory writ; case activity

In an important decision for all lawyers who handle criminal cases in the state appellate courts, the supreme court affirms that counsel for the defendant and the state do not need permission from a court to use,

State v. Muhammad Sarfraz, 2013 WI App 57, petition for review granted 9/17/13; case activity

The circuit court erroneously excluded evidence of prior sexual activity between Sarfraz and I.N., the complainant. She alleged Sarfraz, wearing a mask and saying he was the landlord, knocked on the door of her apartment, came in when she opened the door, and forcibly engaged in sexual intercourse with her.

State v. Andrew Alexander Jackson, Jr., 2013 WI App 66; case activity

The circuit court erred in suppressing marijuana found in the trunk of Jackson’s car because there was probable cause to search the trunk based on the discovery of marijuana residue, $1,961 in cash, and a digital scale in the passenger compartment of the car:

¶10      Like in [United States v.] Ross,

State v. Gene A. Echols, 2013 WI App 58; case activity

Echols is entitled to a new trial on charges of child sexual assault because the trial court erred in prohibiting evidence relating to the complainant’s motive to fabricate the assault and in admitting testimony from Echols’s employer that he only stutters when he is lying.

Erroneous ruling excluding complainant’s school disciplinary records

A fifteen-year-old student alleged that Echols,

State v. Karen Lynn Snow, 2012AP2323-CR, District 4, 4/4/13; court of appeals decision (1-judge, not eligible for publication); case activity

Applying the three-part, burden shifting test for Batson claims, see State v. Lamon, 2003 WI 78, ¶28, 262 Wis. 2d 747, 664 N.W.2d 607, the court of appeals concludes the circuit court erred in rejecting Snow’s objection to the prosecutor’s peremptory strike of Whiteeagle,

State v. Michael E. Zinke, 2012AP2087-CR, District 4, 4/4/13; court of appeals decision (1-judge, ineligible for publication); case activity

The stop and arrest of Zinke by a police officer well outside his jurisdiction was proper under a mutual aid statute, § 66.0313(2), even though the officer was “miles away” from his jurisdiction and initiated contact with the agency that had jurisdiction.

These are the facts: A Village of Westfield police officer was traveling on a county highway in Marquette County when he observed a vehicle  repeatedly deviating from its designated lane.

State v. Corey J. Uhlenberg, 2013 WI App 59; case activity

Miranda custody

Uhlenberg was in “custody” during an interview at the police department, so the circuit court should have suppressed the statements Uhlenberg made during the interrogation after he requested an attorney:

¶11      Throughout its arguments, the State emphasizes the fact that the detective repeatedly told Uhlenberg that he was not under arrest.