State v. Jeffrey P. Lepsch, 2015AP2813-CR, petition for review granted 5/11/16; case activity (including briefs) Issues (composed by On Point) Were one or more jurors at Lepsch’s trial objectively or subjectively biased because they did not provide “unequivocal assurances” that they could set aside prior beliefs (about, e.g., the guilt of the defendant and the… Read more
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Rock County HSD v. W.J., 2015AP2469, District 4, 5/12/16 (one-judge decision; ineligible for publication); case activity The county department had authority under § 48.42(1) to file a TPR petition alleging any ground for termination. The petition in this case alleged W.J. abandoned his child and that the child was in continuing need of protection and services… Read more
State v. Daniel L. Schmidt, 2016 WI App 45; case activity (including briefs) The court of appeals rejects three challenges to Schmidt’s jury-trial conviction of two homicides. Schmidt first asserts that the evidence was insufficient to convict him as to one of the homicides, though not the other. After a lengthy recitation of the substantial evidence… Read more
State v. Justin Carl Herman Hembel, 2015AP1220-CR, 5/10/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Police lacked probable cause to believe Hembel violated § 346.54, governing “How to park and stop on streets,” so the stop of Hembel was unlawful. An officer saw Hembel driving at 2:30 a.m. in a “rural” area… Read more
Waukesha County v. J.W.J., 2016AP46-FT, 5/4/16 (1-judge opinion, ineligible for publication),petition for review granted 9/13/16, affirmed, 2017 WI 57; case activity To commit a person involuntarily, the county must show that the person is mentally ill and dangerous. To extend the commitment, the county may prove “dangerousness” by showing that “there is a substantial likelihood, based on… Read more
State v. Zachary W. Swan, 2015AP1718-CR, 5/5/16, District 4 (one-judge opinion; ineligible for publication); case activity, including briefs Swan was convicted of OWI 2nd with a prohibited alcohol content. On appeal he argued that the circuit court should have suppressed the results of a preliminary breath test and other evidence due to the absence of… Read more
State v. Jeffrey S. Decker, 2015AP1997-CR, District 2, 5/4/2016 (one-judge decision; ineligible for publication); case activity Jeffrey Decker had been banned from the UW-Oshkosh, and was arrested when he arrived at a grand opening event. The arrest was not without incident and he was charged with obstructing an officer and convicted after a jury trial… Read more
State v. Melvin P. Vongvay, 2015AP1827-CR, District 2, 5/4/2016 (one-judge decision; ineligible for publication); case activity (including briefs) Wisconsin Stat. § 885.235(1g) makes a blood alcohol test automatically admissible in a drunk driving prosecution if the blood is drawn within three hours of the alleged driving. The court here holds that an officer who was running… Read more
