State v. Tamara Jo Potter, 2012AP1605-CR, District 3, 1/23/13; court of appeals decision (1-judge, ineligible for publication); case activity Police lawfully stopped the defendant based on information from an anonymous tip that was corroborated by the officer’s observations. Minnesota police told Douglas County dispatch that it had received a tip of a “swerving” car heading… Read more
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State v. Viliunas, 2012AP2284-CR, District 2, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity State’s destruction of video from police car’s dashboard camera did not violate OWI defendant’s due process rights. The defendant, who was found in the driver’s seat of a ditched car, claimed another person had been driving—although not until… Read more
State v. Angie A., 2012AP2240, District 1, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity The state properly brought TPR petition alleging grounds under Wis. Stat. § 48.415(2) (continuing need of protection and services) and § 48.416(6) (failure to assume parental responsibility) instead of § 48.415(3) (continuing parental disability, a ground that… Read more
Pierce County v. Troy H., 2012AP2525 and 2012AP2526, District 3, 2/19/13; court of appeals decision (1-judge, ineligible for publication); case activity The circuit court termination decision was the result of an erroneous exercise of discretion because the court failed to consider the statutory factors: ¶8 Troy asserts the circuit court erroneously exercised its discretion because… Read more
State v. Brian A. Gottschalk, 2012AP2351, District III (not recommended for publication). Case activity. Wow! Two decisions overruling the denial suppression motions in one day. In this case, the State charged the defendant with OWI and operating with a PAC, both as second offenses. The defendant moved for suppression of evidence on the grounds that the… Read more
State v. La’Drea L., 2012AP1984 and State v. Ricky B., 2012AP2027, District 1, 2/20/13; consolidated court of appeals decision (1-judge, ineligible for publication); case activity: LaDrea L.; Ricky B. The circuit court properly exercised its discretion when it determined termination was in the children’s best interests because it considered all of the statutory factors under Wis… Read more
Johnson v. Williams, USSC No. 11-465, 2/20/13 United States Supreme Court decision, reversing and remanding Williams v. Cavazos, 646 F.3d 626 (9th Cir. 2011) When a defendant convicted in state court raises a federal claim and a state court rules against the defendant in an opinion that addresses some issues but does not expressly address… Read more
Evans v. Michigan, USSC No. 11-1327, 2/20/13 United States Supreme Court decision, reversing People v. Evans, 491 Mich. 1, 810 N.W.2d 535 (2012) A trial judge entered a directed verdict of acquittal in favor of Evans after concluding the state had not provided sufficient evidence of a particular element of the offense. A state appellate… Read more
