On Point

State v. Teresa L. Clark, 2022 WI 21, 4/20/22, reversing the circuit court on bypass, case activity (including briefs)

A defendant may collaterally attack a prior OWI conviction if she was not represented by counsel and did not knowingly, intelligently, and voluntarily waive the right to counsel during that proceeding. Once she points to evidence of this claim, the burden shifts to State to prove a valid waiver. In a split opinion, SCOW now holds that if the transcript of the prior OWI hearing is unavailable, the burden doesn’t shift. The defendant must prove that her right to counsel was in fact violated–which is virtually impossible.

Sheboygan County DH&HS v. E.C., 2021AP1655, 4/20/22, District 2; (1-judge opinion, ineligible for publication); case activity

While “Nina” was married to “John,” she became pregnant with “Eric’s” baby. A court found the baby to be a “child in need of protective services” and gave the standard TPR warning to Nina, but not to Eric.  Afterward, Eric established that he was the baby’s father. When the court terminated his parental rights in this case, he argued that his exclusion from the earlier CHIPS proceeding violated his right to due process and provided “good cause” for failing to establish a substantial relationship with the baby. The court of appeals rejected both arguments.

State v. Bradley C.  Burgess, 2021AP1067-CR, District 4, 4/21/22 (not recommended for publication); case activity (including briefs)

A traffic stop should last only as long as necessary for the police to complete the “mission” of investigating the traffic infraction that justified the stop, including ordinary inquiries incident to the stop. Rodriguez v. U.S., 575 U.S. 348 (2015); State v. Smith, 2018 WI 2, 379 Wis. 2d 86, 905 N.W.2d 353. Applying that standard here, the court of appeals holds the stop of the car Burgess was riding in wasn’t unreasonably extended by the officer’s asking the passengers for identification and running records checks on them.

Waukesha County v. E.B.V., 2021Ap1910, District 2, 4/20/22 (one-judge decision; ineligible for publication); case activity The circuit court granted the County’s motion to dismiss the truancy petition filed against E.B.V. because E.B.V. was no longer truant and, after initially contesting the facts of the petition, he entered into a consent decree. J.C.V., one of E.B.V.’s […]

State v. S.J., 2022AP160, 4/19/22, District 2 (1-judge opinion, ineligible for publication); case activity

“Sharon” pled “no contest” to being an unfit parent, and then the circuit court held that it was in “Danielle’s” best interests to terminate Sharon’s parental rights so that Danielle’s paternal aunt could adopt her. Sharon appealed that decision arguing that the circuit court failed to give sufficient consideration to 1 of the 6 “best interests of the child” factors in §48.426(3).

State v. Percy Antione Robinson, 2020AP1728-Cr, certification filed 4/19/22, District 1; case activity (including briefs)

Whether Milwaukee County’s CR-215 procedure for determining probable cause triggers an accused’s 6th Amendment right to counsel for any subsequent “critical stage” of the legal proceeding?

State v. Garland Dean Barnes, 202AP226-CR, petition for review of a per curiam opinion granted 4/15/22; affirmed 6/6/23; case activity (including briefs)

Questions Presented:

Can a defendant open the door to testimonial hearsay violating his confrontation rights, and which was excluded based on an egregious discovery violation, by challenging the quality of the police investigation?

Can the claim that a non-testifying officer witnessed the defendant commit the crime be admitted over hearsay objections under the theory that it is admissible to show the course of investigation, not for the truth of the matter asserted?

State v. Charles W. Richey, petition to review a per curiam opinion granted 4/13/22; case activity (including briefs)

Question presented:

Whether, at the time of the stop, Officer Meier only had a generalized hunch that Richey’s motorcycle may have been the one that committed a traffic violation.

Rock County v. J.B., 2021AP1157 & 2021AP1883, 4/14/22, District 4 (one-judge decision; ineligible for publication); case history

This is a consolidated appeal of J.B.’s original, six-month commitment and a subsequent nine-month extension of that commitment.

State v. Hajji Y. McReynolds, 2022 WI App 25; case activity (including briefs)

This decision addresses: 1) the propriety of successive postconviction motions; 2) a claim that trial counsel was ineffective for failing to object to testimony vouching for the credibility of another witness and to improper character evidence; and 3) the novel issue of the sentencing judge’s use of a written rather than oral explanation of its sentencing rationale under § 973.017(10m)(b).