On Point

State v. Lavon J. Ash, Sr., 2012AP381-CR, District 2, 8/15/12 court of appeals decision (1-judge, ineligible for publication); case activity Ash was sentenced to concurrent terms of one-year initial confinement, one-year extended supervision on two misdemeanor counts, a sentence structure he successfully challenges. Incompatible statutory mandates lie at the heart of the problem. In the first […]

Village of Oregon v. Jeremy Florin, 2011AP1708, District 4, 8/16/12 court of appeals decision (1-judge, ineligible for publication); case activity Suspected of drunk driving, Florin was followed by a police officer to his home, ignored the officer’s command to stop, and went inside via an open garage. The officer entered the still-open garage, knocked on […]

Village of Jackson v. John W. Hespe, 2012AP680-FT, District 2, 8/15/12 court of appeals decision (1-judge, ineligible for publication); case activity “Unsafe,” but not necessarily “illegal” rate of speed supported traffic stop, State v. Anagnos, 2012 WI 64, 341 Wis. 2d 576, 815 N.W.2d 675, followed: ¶6        Here, Hespe contends that while the court found that […]

State v. Pierre R. Conner, 2012 WI App 105 (recommended for publication); case activity Interrogations – Miranda-Edwards Rule – Unequivocal Request for Counsel  The issues on a request-for-counsel challenge to in-custody interrogation are whether the individual  unequivocally invoked his right to counsel and, if so, whether he subsequently reinitiated questioning, Edwards v. Arizona, 451 U.S. 477, 484-85 (1981). Although the trial […]

State v. Johnnie Austin, 2011AP2953-CR, District 1, 8/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Continued detention of Austin, following an indisputably proper stop for illegal parking, was supported by reasonable suspicion: ¶14      This court disagrees; the trial court properly found Officer Tisher’s continued detention of Austin reasonable.  If, during a valid traffic stop, an […]

State v. Craig R. Moss, 2012AP259-CR, District 3, 8/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Terry stop of Moss’s car supported by reasonable suspicion of involvement in drug activity: ¶10      While patrolling a high crime area in the middle of the night, Steffens observed a vehicle stop briefly in front of a known drug house.  When […]

State v. Yvette A., 2012AP548, District 1, 8/14/12 court of appeals decision (1-judge, not for publication); case activity Parent’s failure to appear at grounds phase of TPR trial, because she was locked in a mental health unit, supported default judgment, where parent had documented history of checking herself into hospitals despite actual need for psychiatric […]

State v. Michael P. Green, 2011AP2137-CR, District 2, 8/8/12 court of appeals decision (1-judge, not for publication); case activity Traffic stop, based on report by gas station attendant of suspected drunk driver, was sufficiently reliable to support investigatory stop. ¶10      This court has previously held that a tip shows sufficient indicia of reliability to justify an […]

State v. Anthony S. Irving, 2011AP1908-CR, District 2, 8/8/12 court of appeals decision (not recommended for publication); case activity A defendant has a constitutional right to self-representation, State v. Imani, 2010 WI 66, ¶20, 326 Wis. 2d 179, 786 N.W.2d 40, but it must be triggered by a “clear and unequivocal” request for self-representation, State v. Darby, […]

Grant Co. DSS v. Elizabeth M. R., 2012AP1059, District 4, 8/9/12 court of appeals decision (1-judge, ineligible for publication); case activity By failing to consider whether the child had a substantial relationship with the parent, § 48.426(3), the trial court erroneously exercised discretion in concluding that termination of parental rights was in the child’s bests […]