State v. Shawn David Schulpius, 2012 WI App 134; court of appeals decision (recommended for publication); case activity SVP Discharge Hearing – Showing Required, § 980.09(2) Before granting discharge hearing on a ch. 980 petition, the circuit court must satisfy itself that the petition answers two concerns: First, under § 980.09(1) “paper-review” determination, the petition alleges sufficient facts… Read more
Published 2012
State v. Tony J. Lalicata, 2012 WI App 138 (recommended for publication); case activity Probation is not an available disposition under § 948.02(1)(b) (child sexual assault). By mandating that “the court shall impose a bifurcated sentence” with a confinement portion of at least 25 years for that offense, § 939.616 forecloses the possibility of probation: ¶14 … We… Read more
State v. Calvin L. Brown, 2012 WI 139 (recommended for publication); case activity A guilty plea colloquy need not include an explanation of ptac liability when the defendant directly committed the crime: ¶13 … Although the trial court did not explain that, by directly committing the La Quinta robbery, Brown was “concerned” in… Read more
State v. Joshua A. Prescott, 2012 WI App 136; case activity Felon-in-possession, § 941.29, was properly joined for trial with reckless injury by use of dangerous weapon: ¶17 Based on our review of the record, we agree with the trial court that the charges were properly joined. The felon in possession and reckless injury charges were… Read more
State v. Thomas E. Schmidt, 2012 WI App 137 (recommended for publication); case activity After performing an HGN test, which exhibited 6 out of 6 indicia of impairment, Schmidt was arrested for OWI. At the ensuing trial, he asserted diabetes as a possible cause for the HGN result. The trial court ordered, as a condition of his… Read more
State v. Gary M. Hemmingway, 2012 WI App 133; case activity Stalking, § 940.32(2m)(a), which previously survived overbreadth and vagueness challenges based on rights to travel and equal protection, State v. Ruesch, 214 Wis. 2d 548, 571 N.W.2d 898 (Ct. App. 1997), now withstands a free-speech challenge: The statute isn’t a facially overbroad regulation of protected… Read more
State v. Allen Dell Vaughn, 2012 WI App 129 (recommended for publication); case activity Waiver / Forfeiture of Right, Generally Waiver is the intentional relinquishment or abandonment of a known right or privilege; forfeiture is: (1) the failure to object to something without intending to relinquish that which an objection might have preserved and (2) doing something incompatible with… Read more
State v. Marilee F. Devries, 2012 WI App 119 (recommended for publication); case activity Devries’ probation agent, after detecting alcohol on her breath during a visit at the probation office, had a law enforcement officer administer a preliminary breath test. One thing led to another and she was convicted of OWI. She challenges the PBT… Read more
