Robert Gacho v. Kim Butler, 7th Circuit Court of Appeals No. 13-3911, 7/2/15 The dismissal of Gacho’s habeas petition without prejudice to refiling makes the dismissal order non-final; because the court of appeals’ jurisdiction extends only to final orders, his appeal is dismissed. Gacho’s state postconviction proceedings have been ongoing since 1991. (He is challenging his… Read more
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State v. Emiliano Calzadas, 2015AP162-CR, District 4, 9/3/15 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped the vehicle Calzadas was driving because registered owner—who was female—had a suspended driver’s license; but immediately after stopping the car the officer realized Calzadas was male and thus not the registered owner. Even if the reason for the… Read more
State v. Eriberto Valadez, 2014AP2855-CR, District 1, 9/1/15 (not recommended for publication); case activity (including briefs) Under State v. Goetz, 2001 WI App 294, 249 Wis. 2d 380, 638 N.W.2d 386, Valadez wasn’t in custody for Miranda purposes during the execution of a search warrant of his home, so the police questioning of him during that… Read more
State v. Bradley Wayne Phillips, 2014AP2519-CR, District 1, 9/1/15 (not recommended for publication); case activity (including briefs) Phillips challenges his conviction for failing to pay child support because: (1) the trial court prohibited testimony from an expert witness about whether Phillips was employable; (2) the postconviction court did not find Phillips’s defense counsel ineffective for… Read more
State v. M.H., 2015AP711, District 1, 9/1/15 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in concluding that M.H. had not shown that her termination of parental rights proceeding should be reopened based on her “excusable neglect” in failing to appear at the dispositional hearing. When M.H. failed to appear… Read more
State v. Sharod D. Weaver, 2015AP170-CR, District 3, 8/31/15 (one-judge decision; ineligible for publication); case activity (including briefs) Though the sentencing court made comments suggesting it mistakenly believed the OWI sentencing guidelines “don’t consider the four primary sentencing factors,” these comments don’t show the sentencing court actually believed that; rather, the court of appeals concludes, the… Read more
Columbia County v. Jessica N. Johnson, 2015AP332, District 4, 8/27/15 (one-judge decision; ineligible for publication); case activity (including briefs) The arresting officer had reasonable suspicion to extend Johnson’s detention and ask her to do field sobriety tests based on additional information he gleaned after the initial contact with Johnson. State v. Betow, 226 Wis. 2d 90, 93-95, 593… Read more
State ex rel. Christopher W. Baade v. Brian Hayes, 2015 WI App 71; case activity (including briefs) Section 973.155(4) says that sentence credit granted to inmates serving sentences of one year or less in a county jail or a house of correction “shall include earned good time….” That language doesn’t apply to inmates who are placed on probation and given… Read more
