State v. R.H., 2018AP1827, District 1, 12/4/18 (1-judge opinion, ineligible for publication); case activity The standard of review doomed this appeal, which argued that there was insufficient evidence to support the trial court’s finding that R.H. failed to assume parental responsibility during the grounds phase of a TPR. According to the court of appeals: ¶10… Read more
46. WI Court of Appeals
State v. Frederick Eugene Walker, 2018AP186-CR, District 1, 11/27/18 (not recommended for publication); case activity (including briefs) Walker challenges his child sexual assault conviction, arguing the complaining witness’s mother improperly vouched for her daughter’s honesty. He also argues the trial court wrongly excluded evidence of the complaining witness’s sexual activity with another person. The court… Read more
State v. Dustin Charles Yenter, 2017AP2253, 11/29/18, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) Yenter was convicted of OWI and driving with a PAC, both as first offenses. He wanted to argue that he had no choice but to drive drunk because he and his passengers had fled a fight in… Read more
State v. Noah Yang, 2018AP1461, 11/28/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Yang pleaded to misdemeanor witness intimidation. He had been charged with felony child abuse, and, from the jail, had called his mother, telling her that if a witness didn’t show up, the prosecutor would drop the charge. In… Read more
State v. Courtney C. Brown, 2017AP774-CR, District 2, 11/21/18; case activity (including briefs) Issue: [A]fter a ticket has been written but before delivery [of the ticket to the motorist], and in the absence of reasonable suspicion, does asking a lawfully stopped motorist to exit the car, whether he or she possesses anything of concern, and… Read more
State v. D.L.L., 2018AP1064-FT, District 2, 11/21/18 (one-judge decision; ineligible for publication); case activity D.L.L., who was under a delinquency dispositional order placing him at his mother’s home, ran away for six days. The state moved for sanctions, alleging six violations of the dispositional order, one for each day he was gone. The juvenile court… Read more
State v. Kathryn M. Cooper, 2018AP1154, 11/21/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Cooper’s vehicle was involved in an accident and was found, damaged, in her driveway. An officer saw a light on near the back door of her home and went around back and knocked. Cooper waved him in… Read more
State v. Lorenzo D. Kyles, 2018AP296-Cr, District 1, 11/20/18, (not recommended for publication); case activity (including briefs) This appears to be Wisconsin’s second application of Lafler v. Cooper, 566 U.S. 156 (2012), which modified the prejudice prong of Strickland‘s ineffective assistance of counsel test for situations where defense counsel failed to convey a plea offer… Read more
