On Point

David R. Turnpaugh v. State of Wisconsin Claims Board, 2012 WI App 72; case activity

Turnpaugh, whose conviction for soliciting was overturned when the court of appeals concluded that it was unsupported by any evidence, State v. Turnpaugh, 2007 WI App 222, 305 Wis. 2d 722, 741 N.W.2d 488, petitioned for compensation on the basis of innocence, § 775.05. The Claims Board denied the petition on two grounds: he had failed to prove his innocence;

State v. Kami L. Jennings, 2011AP2206-CR, District 2, 6/27/12

court of appeals decision (1-judge, ineligible for publication); case activity

Evidence, introduced by the State, as to the defendant’s belief in reincarnation was inadmissible:

¶15      While the parties did not brief the issue, we hold that Jennings’ testimony should have been excluded as inadmissible character evidence under Wis. Stat. § 904.04(1).  See State v.

Milwaukee Journal Sentinel v. City of Milwaukee, 2012 WI 65, on bypass; case activity

¶1   Once again this court is asked to interpret the Wisconsin Public Records Law, Wis. Stat. §§ 19.31-.39 (2009-10).[1]  The issue presented is whether an authority[2] may impose a fee on a requester of a public record for the actual, necessary, and direct costs incurred by the authority (including staff time) of deleting nondisclosable information included within the responsive records.

State v. Dimitrius Anagnos, 2012 WI 64, reversing 2011 WI App 118; case activity

OWI – Refusal Hearing – Authority to Litigate Constitutionality of Traffic Stop 

Constitutionality of the traffic stop  may be raised as a defense at a refusal hearing, § 343.305(9)(a)5.a.

¶29  In this case, the relevant portion of the statute is found in sub. (9)(a)5.a.  That subsection permits circuit courts to consider “[w]hether the officer had probable cause to believe the person was driving or operating a motor vehicle while under the influence of alcohol . 

State v. James E. Emerson, 2011AP1028-CR, District 3, 6/26/12

court of appeals decision (not recommended for publication); case activity

Counsel – Substitute 

Given findings made by the lower court after an evidentiary hearing, the court of appeals upholds denial of counsel’s motion to withdraw: counsel was prepared for trial; “(t)his was a dilatory tactic by the defendant,” on the eve of trial after the charge had been pending for some time;

State v. Eric Dominique Lesueur, 2011AP1550-CR, District 3, 6/26/12

court of appeals decision (not recommended for publication); case activity

By not asserting a discovery violation, for the State’s failure to provide a CD of a witness interview, trial counsel waived any potential issue, and review is limited to counsel’s effectiveness, ¶5. Lesueur can’t meet his burden of IAC-prejudice:

¶8        Lesueur did not establish Strickland prejudice.  

State v. Troy D. Jefferson, 2011AP1778-CR, District 1, 6/26/12

court of appeals decision (not recommended for publication); case activity

Counsel was ineffective for failing to inform the sentencing court “about Jefferson’s good character and positive social history.”

 ¶17      Specifically, trial counsel’s failure to inform the trial court about Jefferson’s good character and positive social history in any meaningful way was deficient because it was not,

Samex 1, LLC v. Bruce Buschman, 2011AP2634, District 1, 6/26/12

court of appeals decision (1-judge, ineligible for publication)

¶2 n. 1:

If this appeal were not moot, our resolution of the appeal would have been difficult, if not impossible, because the transcript is not very helpful; there are more than two-dozen instances of “(Indiscernible)” or “(indiscernible)” in but a twenty-one page transcript.  Additionally, one of the sworn witnesses is merely identified as “A FEMALE.”  (Bolding omitted.)  The circuit court is responsible for the court reporter assigned to its court,

State v. Matthew Owen Hoff, Jr., 2011AP2096-CR, District 3, 6/26/12

court of appeals decision (1-judge, ineligible for publication); case activity

¶19      Here, before arresting Hoff, Gostovich observed him sleeping behind the wheel of a running car that was parked horizontally against the vertical parking stalls.  Hoff did not awake to Gostovich’s shouting or knocking.  When he finally awoke, he was disorientated and confused, and that disorientation “did not dissipate.”  Hoff’s speech was slowed,

Now that session has ended and new laws (a “brief” list can be found on SPD Connections at http://intranet.opd/html/legup/Low.pdf) are in effect, we are looking to quantify the effect of these laws to be able to demonstrate the impact of new criminal penalties and procedures to the Legislature in the future.

 Often we can track simple data like case openings through eOPD, but sometimes that is difficult.  One case in point is the changes to access to evidence for the defense in child pornography cases.