City of Stevens Point v. Todd P. Beck, 2015AP978, District 4, 12/17/15 (one-judge decision; ineligible for publication); case activity State law confers automatic admissibility on the results of blood alcohol tests performed in accord with Wis. Stat. § 343.305, but does the plaintiff’s failure to show compliance with that statute render such results inadmissible? No. State v. Zielke, 137 Wis.2d 39… Read more
D. Waiver of issues/arguments
State v. Joseph William Netzer, 2015AP213, District 4, 10/29/15 (one-judge decision; ineligible for publication); case activity ¶1 …. Netzer argues on appeal that he received ineffective assistance of counsel, was denied his constitutional right to a jury trial, and that the results of his blood tests were impermissibly admitted into evidence. We conclude… Read more
State v. Susan P. Resch, 2015AP51-CR, District 4, 8/20/15 (one-judge decision; ineligible for publication); case activity (including briefs) ¶2 Resch fails to sufficiently develop any legal argument based on concrete references (much less based on proper citations) to pertinent portions of the record and the application of governing legal authority, and I reject… Read more
State v. Robert C. Blankenheim, 2015AP239-CR, District 2, 7/8/15 (one-judge decision; ineligible for publication); case activity (including briefs) Blankenheim’s challenges his OAR conviction by arguing that he was unlawfully stopped, that the evidence wasn’t sufficient to prove operation on a highway, and that the police officer wasn’t a credible witness. The court of appeals disagrees “on all points….” (¶1)… Read more
Questions presented: 1. Whether the law-of-the-case doctrine requires the sufficiency of the evidence in a criminal case to be measured against the elements described in the jury instructions where those instructions, without objection, require the government to prove additional or more stringent elements than do the statute and indictment. 2. Whether a statute-of-limitations defense not… Read more
State v. Arron A.-R., 2014AP142, District 1, 6/2/15 (one-judge decision; ineligible for publication); case activity Arron delinquency adjudication for one count of first degree sexual assault is supported by the testimony of the victim, S.F., but the adjudication for a second count is reversed because the trial court erred in believing that the charge required only sexual… Read more
State v. Eric L. Nigl, 2014AP1876-CR, District 4, 4/30/15 (not recommended for publication); case activity (including briefs) Nigl challenged his conviction for a sex offender registry violation by attacking the validity of the juvenile delinquency disposition that required him to register. The court of appeals holds Nigl forfeited his challenge because he could have sought a waiver or stay… Read more
Sheboygan County v. Terry L.M., 2014AP2010, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket The court of appeals here rejects the County’s contention that it need not prove incompetency at a Chapter 55 commitment continuation hearing, but upholds the order for continued protective placement because Terry waived any errors in the… Read more