State v. Sierra Ann Desing, 2017AP490-491, 10/11/17, District 2, (not recommended for publication); case activity (including briefs) A citizen informant told 911 that he saw Desing pulled over on the side of the road hanging out her door. He asked if she was okay and was told “yes,” but he later saw her driving erratically… Read more
46. WI Court of Appeals
State v. Sarah A. Schmidt, 2017AP724-CR, District 2, 10/11/17 (one-judge decision; ineligible for publication); case activity (including briefs) For operating while intoxicated, no less—even though there was scant evidence of impaired driving and the driver exhibited no slurred speech and apparently normal balance and motor coordination. ¶13 The following circumstances would lead a reasonable… Read more
Racine County Human Services Dep’t v. C.C., 2017AP750, District 2, 10/11/17 (one-judge decision; ineligible for publication); case activity The evidence presented at the fact-finding hearing in C.C.’s TPR proceeding was sufficient to establish that she failed to assume parental responsibility under § 48.415(6). C.C. argues the evidence is insufficient to find that she failed to assume… Read more
City of New Richmond v. Warren Wayne Slocum, 2016AP1887, District 3, 10/11/17 (one-judge decision; ineligible for publication); case activity (including briefs) Slocum unsuccessfully challenges the sufficiency of the evidence used to find he violated a New Richmond municipal ordinance, § 50.88(a)(1), which tracks § 947.01(1). Slocum claims he was engaged in the orderly service of legal process on… Read more
State v. Damien Markeith Divone Scott, 2017 WI App 74; case activity (including briefs) In this case of first impression in Wisconsin, the court of appeals holds that the stop of a car at a police checkpoint was justified by the “special needs” of law enforcement. After police responded to a report of an armed robbery they… Read more
State v. C.L.K., 2017AP1413 & 2017AP1414, District 1, 10/10/17 (one-judge decision; ineligible for publication), petition for review granted 3/14/18, reversed, 2019 WI 14; case activity The circuit court directed a verdict in favor of the state during the grounds phase of the TPR proceedings against C.L.K. without allowing him the opportunity to present evidence. The court of appeals… Read more
M.R.B. v. S.S., 2017AP1217-1219, 10/5/17, District 4 (1-judge opinion, ineligible for publication); case activity This slim opinion delivers hard blows to a father resisting the termination of his parental rights. They concern circuit court competency, a request for a continuance, and the sufficiency of evidence in determining whether termination was in the best interests of… Read more
State v. Michael J. Mansfield, 2016AP2423-CR, 10/3/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Mansfield argued police didn’t have reasonable suspicion to detain him based on a tip from an anonymous Turtle Lake Casino employee. The court of appeals holds the tipster should be treated as a citizen informant and, under the… Read more
