Dane County DHS v. Hershula B., 2014AP2076, 2/26/15, District 4 (one-judge opinion, ineligible for publication); click here for docket Hershula appealed an order terminating her parental rights. She argued that the trial court erred in directing a verdict on the abandonment issue because she presented evidence that she had communicated indirectly with her child. The… Read more
B. Published opinions
State v. Nelson Luis Fortes, 2015 WI App 25; case activity (including briefs) A “misunderstanding” about what sentence the state could recommend under the plea agreement did not entitle Fortes to plea withdrawal or resentencing because after the misunderstanding became evident at the sentencing hearing, Fortes elected to proceed rather than seek an adjournment with a possible eye toward… Read more
State v. Miranda K. Hinderman, 2014AP1787-CR, 2/12/15, District 4 (one-judge opinion; ineligible for publication); click here for briefs Just because police had grounds to arrest Hinderman for OWI didn’t mean that they also had reason to believe that evidence relating to the OWI might be found in a 3″x3″ pouch inside her purse, inside her… Read more
State v. Michael W. Crute, 2015 WI App 15; case activity An administrative rule (§ Adm 2.14(2)(vm)(intro.) and 5.) requires a permit for any rally, meeting, or similar event held in a state building, and persons participating in an unpermitted event can be ticketed for “unlawful assembly.” But the rule did not contain a minimum group size… Read more
State v. Bobbie Tanta Bowen, 2015 WI App 12; case activity Bowen was found guilty of bail jumping for violating the provision of his bail that he have no contact with F.B., the victim of an earlier battery charge, or F.B.’s residence. The court of appeals holds that the trial evidence—which showed Bowen went into… Read more
State v. Brett W. Dumstrey, 2015 WI App 5, petition for review granted 3/16/15, affirmed, 2016 WI 3; case activity The court of appeals holds that the warrantless, nonconsensual entry by police into Dumstrey’s apartment complex parking garage was not unreasonable because the area was not part of the curtilage of Dumstrey’s home. The court also holds that… Read more
State v. Tahj E. Kitt, 2015 WI App 9; case activity “When a convicted offender has put sentence credit at issue, the court—not the clerk—must make and explain the decision on how much sentence credit is to be awarded.” (¶2). After Kitt filed a postconviction motion seeking additional sentence credit over the 75 days he’d already been… Read more
State v. Jordan John Samsa, 2015 WI App 6; case activity The circuit court did not erroneously exercise its discretion in using the criminogenic needs section of the COMPAS assessment report, which identifies areas in which the offender needs correctional or community intervention, as an indicator of Samsa’s danger to the community. Samsa pleaded guilty to sexual… Read more
