On Point

certification; for Soto: Shelley Fite, SPD, Madison Appellate; case activity, circuit court affirmed 2012 WI 93

Plea Procedure – Personal Presence

We certify this appeal to the Wisconsin Supreme Court to determine whether Jon Soto’s statutory right to be physically present during a plea hearing was violated when the judge conducted the hearing through video teleconferencing and whether this issue was properly preserved.

State v. Deshon C. Matthews, 2011 WI App 92 (recommended for publication); for Matthews: Paul G. Bonneson; case activity

Terry Stop – Reasonable Suspicion

Reasonable suspicion supported stop of Matthews, when police on patrol saw him wearing a ski mask and hoodie late at night in a high-crime area near a woman who was walking away form him and who appeared to be frightened.

State v. Marilee Devries, 2011 WI App 78 (recommended for publication); for Devries: Matthew S. Pinix; case activity

OWI – Repeater – Proof, Prior “Conviction”

Certified copies of proceedings in foreign jurisdictions established adequate proof of prior OWI “connvictions,” § 343.307(1)(d).

¶9        When Wisconsin’s driving laws provide for the enhancement of penalties for a current offense based on prior offenses, the State must present “‘competent proof’” of those earlier offenses.  

State v. Isaac Hughes, Sr., 2011 WI App 87 (recommended for publication); for Hughes: Benbow P. Cheesman, Jr.; case activity

Conviction for escape, § 946.42(3), may be sustained even if the jury never actually saw the judgment of conviction that landed the defendant in custody.

¶12      We agree with the trial court that, when considered in light of all the other evidence adduced at trial,

State v. Donovan M. Burris, 2011 WI 32, reversing unpublished decision; for Burris: Byron C. Lichstein; case activity

Utter Disregard for Life – After-the-Fact Conduct

¶7   We conclude that, in an utter disregard analysis, a defendant’s conduct is not, as a matter of law, assigned more or less weight whether the conduct occurred before, during, or after the crime.  We hold that,

Kentucky v. Hollis Deshaun King, USSC No. 09-1272, 5/16/11, reversing, King v. Commonwealth, 302 S.W.3d 649 (2010)

The exigent circumstances exception to the warrant requirement (here, imminent destruction of evidence) isn’t circumscribed by whether the exigency was “police-created.”

It is well established that “exigent circumstances,” including the need to prevent the destruction of evidence, permit police officers to conduct an otherwise permissible search without first obtaining a warrant.

Columbia County v. Fred A. Ederer, 2010AP2369, District 4, 5/12/11

court of appeals decision (1-judge, not for publication); for Ederer: John Smerlinski; case activity

Ederer’s no contest plea waived his right to appeal suppression issue in this OWI-1st (therefore, civil) case. His reliance on County of Ozaukee v. Quelle, 198 Wis. 2d 269, 275-76, 542 N.W.2d 196 (Ct. App. 1995) (court should consider 4-factor test in determining whether to impose waiver bar) is misplaced:

¶5        Ederer acknowledges that Quelle was partially overruled on other grounds by Washburn County v.

State v. Michael S. Hoseman, 2011 WI App 88 (recommended for publication); for Hoseman: Timothy M. Johnson; case activity

Hoseman is liable in restitution for damages to a rented house caused by his marijuana manufacturing operation. Restitution requires that there be a “direct victim” of the crime and a causal connection between the defendant’s conduct and the claimed damages, ¶16. Both requirements are satisfied.

Direct victim:

¶23      The cases Hoseman relies upon are inapposite under the facts of this case;

State v. Jeffrey D. Walli, 2011 WI App 86 (recommended for publication); for Walli: Chad A. Lanning; case activity

Trial court factual findings made from a combination of live testimony and video evidence are reviewed deferentially, under the “clearly erroneous” standard of review; the court rejects de novo review of the video recording. Here, it is a police squad video of a traffic stop, with the officer testifying (and the trial court finding) that Walli in fact crossed the center line,

State v. Andre D. Hansbrough, 2011 WI App 79(recommended for publication); for Hansbrough: Amelia L. Bizzaro; case activity

Verdict Forms – Harmless Error

Failure to provide a not guilty verdict option with a lesser included offense instruction is, although error, not structural but is instead subject to analysis for harmlessness, ¶¶10-17.

¶9        At the outset, we reject Hansbrough’s contention that there must always be a not guilty verdict form for each guilty verdict form.