State v. Cody Phillips, 2014 WI App 3; case activity This case reached the court of appeals via a petition for leave to appeal a non-final order. The State’s juvenile delinquency petition alleged that Phillips committed one count of 1st-dgree sexual assault of child by use or threat of force and a second count of 2nd-degree assault of a… Read more
11. Defense Wins
Fond du Lac County v. Randal B. Hopper, 2012AP1719, District 2, 11/27/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court properly concluded the defendant did not unlawfully refuse to provide a breath sample because the officer lacked probable cause to arrest him for OWI: ¶10 Considering the collective knowledge of dispatch… Read more
State v. Matthew Allen Lilek, Appeal No. 2012AP1855, District 1; 11/13/13, (not recommended for publication), case activity The dispositive issue in this appeal was whether the defendant, who is legally blind and has suffered cognitive disabilities his entire life, knowingly, intelligently, and voluntarily entered a no-contest plea to second degree sexual assault, with use of force… Read more
State v. Bradley M. Jones, 2013 WI App 151; case activity ¶1 …. Wisconsin Stat. § 980.07 (2011-12) mandates annual reexamination of persons committed to secure treatment facilities as sexually violent persons. Following the Department of Health Services’ annual reexamination, Bradley M. Jones requested and was denied appointment of an independent examiner and counsel prior to review of… Read more
Wood County Human Services v. James D., 2013AP1378, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity One of the elements of protective placement is that the person has a disability that is permanent or likely to be permanent, § 55.08(1)(d). The County failed to prove this element by clear and convincing evidence because… Read more
State v. Marker Alan Sperber, 2013AP358-CR, District 3, 10/15/13 (not recommended for publication); case activity This appeal turns on Wis JI-Criminal 2670, which explains the 5 elements of the crime the Sperber was charged with–a hit and run causing death to the victim. The 2nd element requires that the defendant know that his vehicle was… Read more
State v. Deris Huley, 2013AP682, 9/26/13 (1-judge ineligible for publication); case activity It’s not often the court of appeals rules against the State. Huley pled no contest to a misdemeanor hit and run of an attended vehicle, as a repeater. See §346.74(5)(a). The State sought restitution in the amount of $4,064.83 for the victim’s personal injuries. … Read more
State v. Raphfael Lyfold Myrick, 2013 WI App 123; case activity Wow! District 1 is really on a roll. Twice in less than one week they’ve reversed a conviction for first-degree murder. Last Friday it was State v. Wilson, 2011AP1803, a summary reversal and hence not summarized by On Point. Wednesday, it was State v. Myrick… Read more
