On Point

State v. Robert L. Tatum, Case No. 2011AP2439-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Denial of right to self-representation – competence to represent oneself The circuit court properly denied Tatum the right to represent himself based on his limited education and understanding of legal procedures, as evidenced by […]

State v. John Doe, 2012AP414-CR, District 1, 1/23/13; court of appeals decision (not recommended for publication); case activity The circuit court properly exercised its discretion in denying the defendant’s motion for sentence modification based on his assistance to law enforcement. The circuit court considered the factors established by State v. Doe, 2005 WI App 68, […]

State v. Kevin O’Connor, 2012AP1638-CR, District 2, 1/23/12; court of appeals decision (1-judge, ineligible for publication); case activity Police lawfully stopped defendant because the vehicle he was driving did not have a visible front license plate. While there are exceptions to  the statute requiring vehicles to display a front plate (Wis. Stat. § 341.15), the “great […]

State v. Jack Minniecheske, 2012AP1133, District 3, 1/23/13; court of appeals decision (1-judge, not eligible for publication); case activity  Because Wis. Stat.  § 950.04(1v)(m) gives victims the right to provide statements at sentencing, the circuit court properly considered a victim impact statement despite defendant’s objection to it as “frivolous” and his claim the victim stole […]

State v. Tamara Jo Potter, 2012AP1605-CR, District 3, 1/23/13; court of appeals decision (1-judge, ineligible for publication); case activity Police lawfully stopped the defendant based on information from an anonymous tip that was corroborated by the officer’s observations. Minnesota police told Douglas County dispatch that it had received a tip of a “swerving” car heading […]

State v. Viliunas, 2012AP2284-CR, District 2, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity State’s destruction of video from police car’s dashboard camera did not violate OWI defendant’s due process rights. The defendant, who was found in the driver’s seat of a ditched car, claimed another person had been driving—although not until […]

State v. Angie A., 2012AP2240, District 1, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity The state properly brought TPR petition alleging grounds under Wis. Stat. § 48.415(2) (continuing need of protection and services) and § 48.416(6) (failure to assume parental responsibility) instead of § 48.415(3) (continuing parental disability, a ground that […]

Pierce County v. Troy H., 2012AP2525 and 2012AP2526, District 3, 2/19/13; court of appeals decision (1-judge, ineligible for publication); case activity The circuit court termination decision was the result of an erroneous exercise of discretion because the court failed to consider the statutory factors: ¶8        Troy asserts the circuit court erroneously exercised its discretion because […]

State v. Brian A. Gottschalk, 2012AP2351, District III (not recommended for publication).  Case activity. Wow!  Two decisions overruling the denial suppression motions in one day.  In this case, the State charged the defendant  with OWI and operating with a PAC, both as second offenses.  The defendant moved for suppression of evidence on the grounds that the […]

State v. La’Drea L., 2012AP1984 and State v. Ricky B., 2012AP2027, District 1, 2/20/13; consolidated court of appeals decision (1-judge, ineligible for publication); case activity: LaDrea L.; Ricky B. The circuit court properly exercised its discretion when it determined termination was in the children’s best interests because it considered all of the statutory factors under Wis. […]