On Point

State v. Verhagen, State v. Nickles,  State v. Van Asten, and State v. Bell, 2013 WI App 16; consolidated court of appeals decision; case activity: Verhagen; Nickles; Van Asten; and Bell

OWI – Use of first offense to enhance penalty

In a prosecution for a second or subsequent OWI offense, New Jersey v. Apprendi,

State v. Jeremiah J. Purtell, 2012AP1307-CR, District 2, 3/7/13  (not recommended for publication); petition for review granted 11/20/13.  Case activity.

This case concerns a probation agent’s search of the defendant’s computers.  Following a conviction for 2 counts of animal cruelty, a court placed the defendant on probation and imposed a condition that he not own or possess a computer. 

State v. Tavoris A. Murphy, Sr., 2012AP505-CR, District 4, 2/28/13; court of appeals decision (not recommended for publication); case activity

Murphy argues the circuit court erred when it found good cause for the state’s late disclosure of a letter written by the defendant and ruled the letter would be admissible as rebuttal evidence. (¶¶1, 20, 22). The letter was written to DeKeyser, a defense witness, and outlined DeKeyser’s testimony.

Village of Spring Green v. Michael D. Deignan, 2012AP1303, District 4, 2/28/13; court of appeals decision (1-judge, ineligible for publication); case activity

The court of appeals rejects the claim that § 175.40(6), which authorizes an officer to arrest or provide aid or assistance anywhere in the state under written inter-agency agreements, should govern the lawfulness of defendant’s arrest because it is more specific than Wis. Stat. § 175.40(2), which authorizes an officer to arrest while engaging “in fresh pursuit” anywhere in the state:

¶14      ….

State v. Joseph L. Hernandez, 2012AP2148-CR, District 2, 2/27/13; court of appeals decision (1-judge, ineligible for publication); case activity

The trial court properly found that Hernandez made a prima facie showing that a prior OWI conviction was invalid despite his poor recollection of details of the prior proceeding, distinguishing State v. Hammill, 2006 WI App 128, ¶11, 293 Wis. 654, 718 N.W.2d 747 (“a defendant who ‘simply does not remember what occurred at his plea hearing’ does not make a prima facie showing”):

¶10      Although this case somewhat resembles Hammill in that it involves a defendant’s less than perfect memory of the earlier proceedings and a sparse record,

State v. Andrew J. Wirth, 2012AP208-CR, District 4, 2/21/13; court of appeals decision (not recommended for publication); case activity

Wirth was charged with the shooting deaths of two people outside a bar. He claimed self defense. The trial court allowed evidence that Wirth engaged in a confrontation earlier in the evening at a different bar with someone other than the shooting victims. In a fact-intensive opinion, the court of appeals concludes that if admission of the evidence was error,

Racine County v. Renee D., 2012AP1974, District 2, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity

Wis. Stat. § 48.415(5) is not unconstitutionally vague and does not violate due process

As applied to Renee D., the two elements for the “child abuse” ground under § 48.415(5) are: 1) the parent has shown a pattern of physical or sexual abuse that is a substantial threat to the health of the child who is the subject of the petition;

Much has changed since that last time you read On Point.  Defying all expectations, long-time beat reporter Bill Tyroler has actually retired.  After writing some 5,000 case summaries and On Point posts between 1995 and 2013, who could blame him?

Fear not, staff and private bar attorneys.  The State Public Defender will continue to help you defend your clients through updates on indigent defense law.  But we’ve made a few changes:

New Authors. 

State v. Jonathan A. Herr, 2013 WI App 37; case activity

In a case arising from a high-speed chase and subsequent arrest for OWI, the court holds that the use of unreasonable force to arrest the defendant does not require the suppression of evidence that was not a product of, or causally related to, the alleged unreasonable force.

Police saw Herr driving erratically and attempted to stop him.

Review of unpublished summary disposition; case activity

Issues (composed by SCOW):

(1) Does Wisconsin recognize the “mature minor doctrine,” a common law rule providing that a minor may consent or refuse to cosent to medical treatment upon a showing of maturity, intelligence and sufficient understanding of the medical condition and treatment alternatives?

(2) Does Wisconsin recognize a mature adolescent’s due process right to refuse unwanted medical treatment?