State v. Jack M. Suriano, 2015AP959-CR, 3/15/16, District 3 (one-judge decision; ineligible for publication), petition for review granted 9/13/16, affirmed, 2017 WI 42; case activity (including briefs) The circuit court never warned Suriano that forfeiture of his right to counsel was a possibility and did not engage Suriano in a colloquy about the difficulties and dangers of self-representation. Nonetheless, its… Read more
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State v. J.S., 2015AP707, District 1, 3/15/16 (one-judge decision; ineligible for publication); case activity Applying the failure to assume parental responsibility statute, § 48.415(6), to J.S. did not violate his right to substantive due process because J.S.’s own behavior, not the CHIPS order removing his daughter S.L. from her parental home, was what prevented him from… Read more
Columbia County v. Stephen M. Kokesh, 2015AP1650, District 4, 3/10/16 (one-judge decision; ineligible for publication); case activity (including briefs) The totality of the circumstances—the driving observed by the officer and the time of the driving—provided reasonable suspicion stop Kobkesh’s car, despite Kokesh’s creative attempt to show otherwise. ¶9 …. Deputy Steinle testified that Kokesh’s… Read more
State v. Steve C. Deterding, 2015AP195-CR, 3/10/16, District 3 (not recommended for publication); case activity (including briefs) A police officer lawfully removed the object he felt in Deterring’s pants pocket during a lawful pat-down for weapons. After reports of a vehicle driving erratically and striking a barrier wall on an Interstate highway, an officer located the vehicle… Read more
Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by On Point) What is required to show that an evidentiary blood draw was conducted by a “person acting under the direction of a physician” for purposes of Wis. Stat. § 343.305(5)(b)? Under § 343.305(5)(b), a person arrested for an OWI-related offense may be… Read more
State v. Todd Brian Tobatto, 2016 WI App 28; case activity (including briefs) The news, in this otherwise run-of-the-mill case, is the standard of review. Tobatto raises an ineffective assistance claim rooted in trial counsel’s failure to strike a juror for bias. The judge who heard the postconviction motion was not the judge who ran the trial… Read more
State v. Jesus C. Gonzalez, 2015AP784-CR, 3/8/16, District 1 (not recommended for publication); case activity (including briefs) Gonzalez raises two challenges to his conviction, at jury trial, of reckless homicide and reckless endangerment. The court of appeals finds any error harmless. Gonzalez first takes issue with the trial court’s dismissal of one of the jurors… Read more
State v. Beverly Reshall Holt, 2013AP2738-CR, 3/8/16, District 1 (not recommended for publication); case activity (including briefs) The trial court did not err in admitting the audiovisual recording of the forensic interview of Caleb, one of the child victims, at Holt’s trial for child sexual assault. Holt was charged with two counts of first-degree child sexual assault for having intercourse… Read more
