State v. F.E.L., 2017AP2489, 6/5/18, District 1 (one-judge decision; ineligible for publication); case activity
F.E.L. seeks to withdraw his no contest plea at the grounds phase of his TPR proceeding. He contends there was an insufficient factual basis for the single ground he pled to, failure to assume parental responsibility. [continue reading…]
On May 31, 2018, the court of appeals ordered the publication of the following criminal law related decision:
State v. Robert P. Vesper, 2018 WI App 31 (sentencing judge didn’t need to give separate reasons for imposing a fine)
State v. Anthony Iven Jones, A/K/A Hashim Hasan, 2017AP364, 6/5/18, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)
A jury found Jones guilty of bail jumping. one of his bond conditions had been that he stay 500 feet away from his former wife. He made a threatening phone call to her and was discovered by a police officer to be “approximately 92 feet away” from her house. He first claims there was insufficient evidence to support his conviction, but the court does not agree, based on the essential facts just noted. (¶12). [continue reading…]
State v. Anthony Donte Dixon, 2017AP2221-2222-CR, 6/5/18, District 1 (1-judge opinion, eligible for publication); case activity
Dixon wasn’t happy with his trial lawyer. They hadn’t communicated before the final pre-trial conference. When they did communicate, Dixon told his lawyer that he wanted him to contact several alibi witnesses and provided their names and numbers. Two witnesses didn’t return counsel’s call. One “simply gave her information” [no explanation of that means.] On the day of the trial, counsel informed the court that Dixon wanted to fire him and was prepared to get a new lawyer on his own. The trial court denied the request so Dixon tried his case pro se. [continue reading…]
Winnebago County v. Lesa L. Maus, 2017AP1979, 5/30/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
Maus challenges her stop on the ground that the citizen witness who called in a driver going the wrong way on the interstate said the car was beige, but her car, the one stopped, was black. [continue reading…]
Dane County v. Damian A. Bethke, 2017AP1284, 5/31/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Bethke was acquitted of his OWI charge, so this is an appeal only of his refusal, and his claim is that the officer who detained him violated his Fourth Amendment rights. [continue reading…]
County of Door v. Donald L. McPhail, 2017AP1079, 5/30/18, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
When McPhail was arrested for first-offense OWI, he refused a blood test. The arresting officer gave him the notice of intent to withdraw his operating privilege, which told McPhail he had 10 days to request a hearing, and that he should send his request to 1201 S. Duluth Ave in Sturgeon Bay. But that’s the Sheriff’s department, not the clerk of courts, which is at 1205 (though the two are part of the same complex). [continue reading…]
State v. Jeffrey A. Jacobi, 2017AP1816, 5/30/18, District 1, (1-judge opinion, ineligible for publication); case activity (including briefs)
Based on facts specific to this case, the court of appeals held that the arresting officer had probable cause to believe Jacobi was intoxicated when he bumped into a car while driving his motorcycle. It also wagged its finger at appellate counsel for carelessness in compiling the record and for misrepresenting the record. It also noted his failure to file a reply brief. [continue reading…]
