46. WI Court of Appeals

Dane County DHS v. S.J., 2017AP1578-1580, 10/19/17, District 4 (1-judge opinion, ineligible for publication) case activity When an opinion starts by saying a mother answered more than 80 questions relating to her understanding of pleading “no contest” during the grounds phase of a TPR case and quotes the her lawyer as saying “she’s one of… Read more

State v. James Charleston, 2016AP2116-CR, 10/18/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Charleston was in custody in Illinois and had pending Wisconsin charges. Twice he submitted to his Illinois jailers properly prepared requests for final disposition of those charges under the Interstate Agreement on Detainers. The first request, in 2014… Read more

Fond du Lac County v. Christy Ann Kasten, 2017AP343, 10/18/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) The only real issue in this case is whether the court, in this bench trial, had sufficient evidence to conclude that Kasten had driven within three hours of her blood draw at 10:52 p.m… Read more

State v. Brad L. Conger, 2017AP860-CR, 10/18/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Brad Conger went on trial for an OWI and the associated PAC. His defense was an “alcohol curve” theory that the breath tests result did not reflect his true BAC at the time he was driving. His… Read more

State v. M.P., 2016AP2104 & 2016AP2105, District 1, 10/17/17 (one-judge decision; ineligible for publication); case activity At the dispositional hearing on the petition to terminate M.P.’s parental rights to his two children the court heard evidence that the foster parents intended to allow M.P. to continue to have contact with the children if his parental rights were… Read more

State v. Marcellous D. Tally-Clayborne, 2016AP1912-CR, District 1, 10/17/17 (one-judge decision; ineligible for publication); case activity (including briefs) Tally-Clayborne challenges his carrying a concealed weapon conviction, arguing he was unlawfully stopped, detained and searched because police had no information suggesting he was involved in any illegal activity. The court of appeals holds both the stop and pat-down… Read more

State v. Charles A. Page, 2017AP165-CR, District 4, 10/12/17 (one-judge decision; ineligible for publication); case activity (including briefs) Page claims that the circuit court erred when it classified evidence he sought to introduce as “other acts” evidence and then excluded the evidence because Page hadn’t filed a timely pretrial motion to admit the evidence. He also contends the circuit… Read more