Racine County HSD v. L.R.H.-J., 2018AP2065, District 2, 3/6/19 (one-judge decision; ineligible for publication); case activity L.R.H.-J. was convicted of child neglect in causing the death of her first child in 2005. In 2015 she had another child, “Baby J,” who was immediately taken from her and a CHIPS proceeding commenced. In 2017 her rights… Read more
46. WI Court of Appeals
State v. Jarmel Dontra Chisem, 2017AP1114-CR, 3/5/19, District 1 (not recommended for publication); case activity (including briefs) Chisem, facing charges of first degree reckless homicide and first degree recklessly endangering safety, moved to sever his case from that of his co-defendant, Davis. The court of appeals holds trying the two together was fine. Among other… Read more
State v. Michael Wade, 2018AP614-CR, 3/5/19, District 1 (1-judge opinion; ineligible for publication); case activity (including briefs) Wade challenged his convictions for misdemeanor intimidation of a witness and violating a domestic abuse injunction on the grounds that his trial lawyer had a conflict of interest: he had previously represented the victim in other criminal matters… Read more
State v. Kevin Ian End, 2018AP1437, 3/6/19, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) An anonymous caller told police about a vehicle swerving in her lane and having difficulty with speed control. She provided no license late number. An officer proceeded to the area and saw a vehicle make an assortment… Read more
Brown County Human Services v. B.P and T.F., 2019 WI App 18; case activity T.F. argued that when the Department seeks to terminate parental rights on the grounds of abandonment in a case where the child is out of the home and a CHIPS order is in place, it must proceed under §48.415(1)(a)2., rather than (a)3… Read more
State v. Christopher Deshawn McGinnis, 2017AP2224-CR, 3/5/19, District 1 (not recommended for publication); case activity (including briefs) The court of appeals found certain hearsay statements admissible under the “statement against penal interest” and “prior inconsistent statement” exceptions to the hearsay rule. It also held that part of a detective’s testimony qualified as hearsay, but its… Read more
Marquette County v. Christopher Patrick Bray, 2018AP665, 2/28/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs). Bray was convicted of OWI. He argued that the circuit court should have suppressed statements he made to a sergeant during a traffic stop because he wasn’t Mirandized. The court of appeals held that Bray wasn’t… Read more
Court of Appeals rejects constitutional challenges to detectable amount of controlled substances law
State v. Blake Lee Harrison, 2017AP1811, District 3, 2/26/19 (one-judge decision; ineligible for publication); case activity (including briefs) Harrison’s due process and void-for-vagueness challenges to § 346.63(1)(am) (prohibiting driving with a detectable amount of restricted controlled substance) go up in smoke. The circuit court agreed with Harrison that the statute violates due process because there’s… Read more
