On Point

On September 25, 2019, the court of appeals ordered the publication of the following criminal law related decisions:

State v. Daniel A. Griffin, 2019 WI App 49 (circuit court properly applied Denny and Sullivan tests to exclude evidence regarding third-party perpetrator)

State v. Malcolm J. Sanders, 2019 WI App 52 (prosecutor didn’t violate Batson by striking juror who had bad experience with police)

Vernon County DHS v. K.F. and M.F., 2018AP863, 9/26/2019, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

The county filed a CHIPS petition regarding K.F. and M.F.’s four children. The court appointed a guardian ad litem to represent the kids and ordered the county to pay the GAL’s fees, but additionally ordered that the parents reimburse the county. [continue reading…]

State v. Garrett German, 2018AP78, 9/24/19, District 3 (not recommended for publication); case activity (including briefs)

Facebook alerted law enforcement that German’s account had uploaded images that “appeared to depict child pornography.” Eventually, an who had looked at the images submitted a warrant application averring that each one did “appear to be an image of child pornography.” Police executing the warrant did, in fact, find child pornography. Was the bare allegation that the images were child pornography (rather than an attachment with the actual images or at least a description of what they showed) good enough to supply probable cause to the warrant-issuing magistrate? [continue reading…]

State v. Jesse J. Jennerjohn, 2018AP1762, 9/24/19, District 3 (not recommended for publication); case activity (including briefs)

Just last week we had Kettlewell, where the court of appeals rejected the state’s claim that the officers who entered a suspected drunk driver’s home were performing a legitimate community-caretaker search because he might have been injured. Here, we have the police going into a home whose occupant they’ve already arrested outside; the court rejects as merely speculative the state’s argument that someone else might have needed assistance inside, or that firearms in the home might have posed a danger. We also get this gem: “The court did not explain why the fact that Jennerjohn was holding a piece of venison when he came out of his residence supported an objectively reasonable basis for the officers to believe it was necessary to search his residence in order to protect themselves or others.” (¶40). [continue reading…]

State v. Scott J. Faruzzi, 2019AP167-CR, 9/25/19, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs)

Don’t pinch yourself! You’re not dreaming.  An officer stopped Faruzzi’s truck for a “welfare check” due to some “possible family troubles.” But then he performed a series of FST’s and asked Faruzzi to submit to a preliminary breath test. When Faruzzi refused, the officer arrested him for OWL. The circuit court granted Faruzzi’s motion to suppress, and the court of appeals affirms due to lack of probable cause. [continue reading…]

State v. K.K.E., 2019AP115-117; 9/24/19, District 1 (1-judge opinion, ineligible for publication); case activity

The trial court terminated K.K.E.’s parental rights based on the best interests of her three daughters. On appeal, K.K.E. conceded that the trial court addressed the 6 “best interests of the child” factors required by §48.426(3). But she challenged the weight the trial court assigned to each factor. In affirming, the court of appeals explains how a trial court’s weighing of these factors is virtually unassailable on appeal. [continue reading…]

In its 1973-74 term, SCOW decided a whopping 316 appeals. In the 2018-19 term it decided only 58. Of course, there was no court of appeals back in 1974. Still, what a huge change in caseload! Click on SCOWstats.com’ new stat pack for the 1973-74 term to see more dramatic differences between then and now. (Spoiler alert: 94% of opinions unanimous then. Only 49% unanimous now.)