On Point

court of appeals decision (1-judge, not for publication); pro se; case activity

Plea Withdrawal – Nelson/Bentley Hearing – Exculpatory Evidence 

Ardell wasn’t entitled to a hearing on his postconviction plea-withdrawal motion premised on alleged suppression of exculpatory evidence. The court holds that, even assuming that the State did withhold exculpatory evidence, the motion failed to show that revelation of this evidence would have impacted Ardell’s plea decision,

State v. Anrietta M. Geske, 2012 WI App 15 (recommended for publication); for Geske: Jefren E. Olsen, SPD, Madison Appellate; case activity

Sufficiency of Proof – “Utter Disregard” Element (Reckless Homicide, § 940.02(1)) 

Evidence held sufficient to support reckless homicide element of utter disregard of human life, where deaths resulted from high-speed automobile collision after running red light, notwithstanding undisputed evidence that Geske swerved her car in an attempt to avoid the collision. 

State v. Jerome Mark Panick, Jr., 2011AP1107-CR, District 3, 1/4/12

court of appeals decision (1-judge, not for publication); for Panick: Paul G. LaZotte, SPD, Madison Appellate; case activity

The court rejects Panick’s argument that he “substantially complied” with IAD requirements for demanding a speedy trial on a detainer as set forth in § 976.05(3)(b). (Panick concededly fell short of the literal requirements – he mailed a letter to the prosecutor but failed to send it certified or to the local court or to obtain the warden’s certificate.) Fex v.

State v. Nathaniel B. Kind, 2011AP1875-CR, District 4, 12/29/11

court of appeals decision (1-judge, not for publication); for Kind: Ryan McNamara; case activity

A traffic stop for impaired driving supported by officer’s observation that Kind’s vehicle crossed fog line twice, without explicable cause such as debris on road.

¶15      While any one of these facts, standing alone, might be insufficient to constitute reasonable suspicion, “such facts accumulate,

court of appeals decision (1-judge, not for publication); for Gracia: Tracey A. Wood; case activity; petition for review granted 5/14/12

Warrantless Entry – Community Caretaker 

Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine; State v. Ultsch, 2011 WI App 17, 331 Wis. 2d 242,

State v. Luke T. Nirmaier, 2011AP1355-CR, District 3, 12/28/11

court of appeals decision (1-judge, not for publication); for Nirmaier: Michael M. Rajek; case activity

The odor of alcohol on Nirmaier following a traffic accident resulting in substantial bodily injury triggered the implied consent law, notwithstanding absence of probable cause to arrest at that point:

¶9        Wisconsin Stat. § 343.305(3) outlines different scenarios in which an officer may invoke the implied consent law and request a chemical test of an individual’s breath,

Shawano County v. Anne R., 2011AP2040, District 3, 12/28/11

court of appeals decision (1-judge, not for publication); for Anne R.: Donna L. Hintze, SPD, Madison Appellate; case activity

Anne R. challenges the extension of her mental health commitment / involuntary medication order, on the ground the County failed to prove she would be a proper subject for commitment if treatment were withdrawn, § 51.20(1)(am). The court rejects the argument,

State v. Jason E. Goss, 2011 WI 104, affirming court of appeals summary order;  for Goss: Daniel J. Chapman; case activity

¶2   We are asked to determine whether the officer’s request for the PBT breath sample was made in violation of Wis. Stat. § 343.303, which states that an officer “may request” a PBT breath sample “[i]f a law enforcement officer has probable cause to believe that the person is violating or has violated s.

State v. Cedric O Clacks, 2011AP338-CR, District 4, 12/22/11

court of appeals decision (not recommended for publication); for Clacks: Jefren E. Olsen, SPD, Madison Appellate; case activity

Evidence held sufficient to prove contested, fourth element of identity theft (intentional representation user of personal identification document of another authorized to use it), § 943.201(2)(a) as party to the crime.

¶15      Specifically, Clacks contends that handing the credit card to a sales clerk to make a purchase and signing the electronic credit card slip cannot,

Dane Co. DHS v. Johnny S., 2011AP1659, District 4, 12/22/11

court of appeals decision (1-judge, not for publication); for Johnny S.: Dennis Schertz; case activity

¶7        Johnny contends he was not able to meaningfully participate at the trial for three reasons.  First, he appeared by telephone, not videoconference, and he did not waive his right to appear by videoconference.  Second, he could not hear what was being said during trial.