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State v. Richard P. Flehmer, 2012AP534-CR, District 3, 9/18/12 court of appeals decision (1-judge, ineligible for publication); case activity Delay of 29 months (22 of which attributable to state) between filing of complaint and trial, while presumptively prejudicial, didn’t violate 4-factor test for right to speedy trial: ¶15      Balancing all four factors, we conclude Flehmer’s right to a… Read more

State v. William Thomas Hudson, III, 2010AP1598-CR, District 4, 9/13/12 court of appeals decision (not recommended for publication); case activity ¶9        “The concept of outrageous governmental conduct originates from the Due Process Clause of the Fifth Amendment.” [State v. Givens, 217 Wis. 2d 180, 188, 580 N.W.2d 340 (Ct. App. 1998).] Outrageous governmental conduct may arise where… Read more

State v. Carl Rissley, 2012 WI App 112 (recommended for publication); case activity  Reasonable suspicion supported Terry stop to investigate possible crime. Homeowner called police to report early-morning confrontation with possible trespasser, who then took flight in van at high rate of speed, and officer stopped vehicle matching description within five minutes of report: ¶13      All of this… Read more

State v. Alvin C. Harris, 2012AP518-CR, District 2, 9/12/12 court of appeals decision (1-judge, ineligible for publication); case activity Plea-Withdrawal  Harris failed to make a prima facie showing that his plea colloquy was defective, therefore his motion to withdraw plea was properly denied without an evidentiary hearing: ¶7        Here, Harris’s motion alleged that his plea was… Read more

Chintan V. Patel v. State of Wisconsin, 2012 WI App 117 (recommended for publication); case activity ¶12      In this appeal, we are asked to determine whether the trial court erred in denying Patel’s writ of coram nobis.  The writ of coram nobis is a discretionary writ of “very limited scope” that is “addressed to the trial court.”  Jessen v. State, 95… Read more

State v. Frederick J. Scott, 2012AP533-CR, District 3, 9/11/12 court of appeals decision (1-judge, ineligible for publication); case activity The threshold for illegal alcohol concentration is reduced from .08 to .02 for drivers who have at least 3 prior qualifying convictions. Scott had three priors, thus was subject to arrest and prosecution for driving with… Read more

State v. Tenesha T., 2012AP1283, District 1, 9/5/12 court of appeals decision (1-judge, ineligible for publication); case activity Parent’s right to be present during TPR trial wasn’t violated when court allowed 30 minutes of testimony during parent’s volunary absence: ¶16      Tenesha bases her argument on Shirley E., contending that a parent’s right to be present during termination… Read more