State v. Jessica M. Randall, 2017AP1518, petition for review of unpublished opinion granted 10/9/18; case activity
Issue:
Was Randall entitled to suppression of the results of a test of a blood sample that she voluntarily gave to police under the implied consent law because she informed the lab that she was withdrawing her consent before the lab had analyzed the blood to determine the presence and quantity of drugs and alcohol?
Rock County DHS v. L.H., 2018AP1308, 10/11/18, District 4 (one-judge decision; ineligible for publication); case activity
L.H. challenges the circuit court’s finding that the county department established continuing-CHIPS grounds for termination of her parental rights to her daughter. She says the county can’t have met its burden to show a “substantial likelihood” she wouldn’t meet the conditions of return within nine months, Wis. Stat. § 48.415(2)(a)3. (2015-16) (recently amended), because the court said “I don’t know” whether she’d meet the conditions. [continue reading…]
State ex rel. Raytrell K. Fitzgerald v. Milwaukee County Circuit Court, 2018AP1214-W, petition for review of an Order Denying Supervisory Relief granted, 10/10/18, affirmed by an equally divided court, 2019 WI 69; case activity
Issue: State v. Scott, 2018 WI 74, ¶43, 382 Wis. 2d 476, 914 N.W.2d 141 held that “involuntary medication orders are subject to an automatic stay pending appeal.” Which event triggers the automatic stay—the entry of the involuntary medication order or the filing of a notice of appeal? Either way, must the circuit court enter an “automatic stay” order?
State v. Kenneth Alexander Burks, 2018AP208-CR, 9/25/18, District 1, (not recommended for publication); case activity (including briefs)
The court of appeals held that an officer’s testimony that another witnesses’s testimony was “very believable” did not qualify as “vouching” when considered in context. It also held that the circuit court did not impermissibly rely on its own comments about the opioid epidemic, addiction, and the medical and pharmaceutical industries when it sentenced Burks. Thus, his lawyer was not ineffective when he failed to object to these alleged errors. [continue reading…]
State v. Sandra D. Solomon, 2018AP298-CR, 9/25/18, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)
Solomon sought plea withdrawal arguing that the circuit court had denied her request to represent herself and insisted on proceeding with the scheduled trial date, so her newly-retained lawyer was not prepared to defend her. The court of appeals held that her invocation of this right was not clear and unequivocal. It also held that the domestic abuse assessment clearly applied to this case. [continue reading…]
State v. Johnnie Lee Tucker, 2017AP840-CR, District 1, 8/28/18 (not recommended for publication); case activity (including briefs)
Applying State v. Small, 2013 WI App 117, 351 Wis. 2d 46, 839 N.W.2d 160, and the lay opinion rule, § 907.01, the circuit court properly allowed a detective to narrate the events recorded on multiple surveillance cameras based on his having viewed the recordings “many times.”
Winnebago County v. B.C., 2018AP846-FT, District 2, 9/5/18 (one-judge decision; ineligible for publication); case activity
B.C. challenges the sufficiency of the evidence to extend his commitment and involuntarily medicate him. His challenge fails. [continue reading…]
State v. R.D.S., 2017AP1771, District 1, 9/18/18 (one-judge decision; ineligible for publication); case activity
R.D.S. moved to withdraw her no-contest plea to a TPR petition, saying her plea was not knowing, intelligent, and voluntary because of the cognitive disabilities for which she was found to be incompetent during the underlying CHIPS proceedings and a criminal case involving charges of abuse of her child. The circuit court denied the motion after an evidentiary hearing, and court of appeals affirms. [continue reading…]
