State v. Norris W. Culver, 2018 WI App 55; case activity (including briefs) Wisconsin Stat. § 942.09(3m)(a)2. prohibits a person from posting or publishing “private representations” without the consent of the person depicted in the representation. The court of appeals rejects Culver’s claim that the statute is void because it’s overbroad and vague. The court also… Read more
46. WI Court of Appeals
State v. Ronald Lee Baric, 2018 WI App 63; case activity (including briefs) Police failed to read Baric his Miranda rights, but the court of appeals still found that he consented to a search of his computer. It also resolved a 4th Amendment issue of first impression for Wisconsin: a person has no reasonable expectation of… Read more
Village of Pleasant Prairie v. Brian Lucas, 2017AP2131, District 2, 8/22/18 (one-judge decision; ineligible for publication); case activity This pro se defendant’s challenges to his OWI conviction go nowhere. His argument that the trial court erred in delaying the trial so he could obtain appointed legal counsel is undeveloped, and in any event founders straight… Read more
Monroe County DHS v. J.N.D., 2018AP177, District 4, 8/23/18 (one-judge decision; ineligible for publication); case activity The court of appeals rejects J.N.D.’s argument that her TPR trial should be redone because the real controversy wasn’t fully tried. J.N.D. and B.S. are the parents of G.S. The county petitioned to terminate their parental rights on continuing… Read more
Sheboygan County DHHS v. K.N.L., 2017AP2413, District 2, 8/22/18 (one-judge decision; ineligible for publication); case activity K.N.L. asserts a prospective juror (“Juror J.”) was biased and so the circuit court erred in declining to strike her for cause. Applying Wisconsin’s case law governing jury bias (summarized at ¶¶13-16), the court of appeals affirms the circuit court’s conclusion… Read more
State v. T.W., 2018AP967 & 2018AP968, District 1, 8/21/18 (one-judge decision; ineligible for publication); case activity At the trial on the petition to terminate T.W.’s parental rights, the GAL argued in closing that the jury should consider the interests of the children. T.W.’s lawyer didn’t object, but the court of appeals holds that failure wasn’t… Read more
State v. Natalie N. Murphy, 2017AP1559-CR, 8/16/18 (not recommended for publication); case activity (including briefs) To no avail, Murphy challenges the circuit court’s decision to exclude her expert’s testimony and its decision to allow certain testimony from the state’s expert. Murphy shot Dammen, her on-again, off-again boyfriend, and was charged with homicide and reckless endangering… Read more
State v. Ronnie Cecil Peebles, 2017AP2536-CR, District 4, 8/16/18 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court didn’t err in denying the adjournment request Peebles made on the morning of trial because he said he was feeling ill. ¶9 Peebles’[s] argument falls flat, first, because the circuit court properly exercised… Read more
