State v. Michael Thomas Martell, 2019AP927-CR, District 3, 7/21/20 (one-judge decision; ineligible for publication); case activity (including briefs) An officer located and started following Martell’s SUV after getting dispatchers relayed a tip describing a vehicle driving erratically. What the officer saw provided reasonable suspicion for a traffic stop. ¶13 Specifically, [Lieutenant] Schaub observed… Read more
46. WI Court of Appeals
State v. Joseph K. Edwards, 2019AP2138-CR, District 1, 7/21/20 (one-judge decision; ineligible for publication); case activity (including briefs) Edwards was charged with disorderly conduct with use of a dangerous weapon for “creepy, stalker-like behavior.” (¶6). The court of appeals rejects his complaint that the jury wasn’t instructed on the definition of “true threat” under State… Read more
State v. Yancy Kevin Dieter, 2020 WI App 49; case activity (including briefs) Dieter called 911 at about 6 in the morning and reported that he’d crashed his car after drinking at a bar. The crash happened about four hours before Dieter made the call; he was badly injured and the car’s other occupant was… Read more
State v. M.A., 2019AP1089, 7/14/20, District 1 (one-judge decision; ineligible for publication); case activity M.A.’s son J.A. was the subject of several delinquency petitions; each was converted to a JIPS proceeding because J.A. was not competent. See Wis. Stat. § 938.13(14). Eventually, M.A. filed a CHIPS petition in an apparent attempt to alter the constellation… Read more
State v. Donnie Gene Richards, 2020 WI App 48; case activity (including briefs) Richards was found lapsing in and out of consciousness and severely injured behind the wheel of a crashed vehicle. There was evidence he was intoxicated, and he would soon be transported to a distant hospital by helicopter. Believing there wasn’t enough time… Read more
State v. Desmond Myers LaPean, 2019AP1448, 7/14/20, District 3 (not recommended for publication); case activity (including briefs) LaPean pleaded to a sexual assault of a child with an agreement that the state would cap its recommendation at 10 years of initial confinement and 10 of extended supervision. But at sentencing, the state first recommended 12… Read more
State v. Samuel L. Nichols, Jr., 2019AP802-CR, District 4, 7/16/20 (not recommended for publication); case activity (including briefs) Nichols was charged with capturing images of nudity without consent and sexual assault. He argues the police didn’t have probable cause to seize his cell phone and therefore the images they found on it must be suppressed… Read more
Fond du Lac County v. S.N.W., 2020AP274-FT, District 2, 7/15/20 (one-judge decision; ineligible for publication), petition for review granted 11/19/20; case activity The testimony of the county’s expert provided sufficient evidence of dangerousness under § 51.20(1)(a)2.b. and (1)(am). ¶9 The evidence in the record before us establishes that S.N.W. has a history of “singling… Read more
