by admin
on February 22, 2017
State v. D.T., 2016AP1488, 2/21/17, District 1 (1-judge opinion, ineligible for publication); case activity
D.T. sought to withdraw her stipulation that the court had grounds to terminate her parental rights. She said the court made conflicting statements during its colloquy with her, such as “it’s never too late to meet the conditions of return.” The court of appeals noted that the circuit court later clarified this remark by stressing that the focus of the subsequent dispositional hearing would be on the child’s best interests. [continue reading…]
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by admin
on February 22, 2017
Oneida County v. Joseph A. Ravens, 2015AP2612, 2/22/17, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs)
Raven was driving a pickup and towing a trailer when he entered an intersection as the light was changing. Unfortunately for him, Officer Young was watching and claimed the light turned red before Raven entered the intersection. He stopped Raven, smelled intoxicants, and observed slurred speech. After being charged with OWI, Raven moved for suppression and testified that the traffic light was yellow and turned red only after he was actually in the intersection. You can guess whom the trial court believed. [continue reading…]
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by admin
on February 22, 2017
State v. Robert Mario Wheeler, 2016AP55-CR, 2/21/2017, District 1 (not recommended for publication); case activity (including briefs)
Robert Wheeler was tried for reckless injury and being a felon in possession of a gun arising out of a single shooting incident. To keep the jury from hearing about his status as a felon, the parties stipulated that he was and agreed that the gun possession charge would be decided by the court. Wheeler’s counsel specifically noted the possibility that the two counts could be decided differently, given the different factfinders. (¶5).
[continue reading…]
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by admin
on February 21, 2017
Question presented:
Whether a guilty plea inherently waives a defendant’s right to challenge the constitutionality of his statute of conviction?
[continue reading…]
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by admin
on February 17, 2017
Waukesha County v. Kimberly A. Ridl, 2016AP554, 2/15/17, District 2 (1-judge decision; ineligible for publication); case activity (including briefs)
The court of appeals rejects an OWI defendant’s claim that the circuit court could did not have sufficient evidence of her impairment because the judge (it was a bench trial) was unqualified to conclude that her “medication caused her to be affected by alcohol in an atypical way.”
[continue reading…]
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by admin
on February 16, 2017
Village of DeForest v. Alexei Strelchenko, 2016AP1814, 2/16/17, District 4 (1-judge opinion, ineligible for publication); case activity
Just how did Strelchenko misuse his drone? Unfortunately, we do not know. He proceeded pro se and neglected to include a copy of the trial transcript in the appellate record. It is the appellant’s job to ensure that the record is sufficient for the court of appeals to review the issues. If he fails this task, the court of appeals assumes that the missing parts of the record support the circuit court’s decision. See State Bank of Hartland v. Arndt, 129 Wis. 2d 411, 425, 385 N.W.2d 219 (Ct. App. 1986). That’s what the court of appeals did here, and that is why Strelchenko lost.
Update: An On Point reader says if you want more information on how Strelchenko used the drone and what happened at trial, click here.
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by admin
on February 16, 2017
Dane County D.H.S. v. J.B., 2016AP2422, District 4, 2/16/17 (1-judge opinion, ineligible for publication); case activity
To terminate parental rights based on the “continuing CHIPS” ground, the jury had find that there was a substantial likelihood that JB would not meet the conditions for the safe return of her child within 9 months of the hearing. §48.415(2)(a). The circuit court admitted a social worker’s expert testimony on this issue, apparently without following §907.02 and Daubert v. Merrell Dow Pharmacueticals. The court of appeals assumed error but declared it harmless. [continue reading…]
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by admin
on February 16, 2017
State v. Dane C. McKeel, 2016AP884-CR, District 4, 2/16/17 (one-judge decision; ineligible for publication); case activity (including briefs)
“Due to the extremely cold, windy, icy, and snowy conditions” police moved McKeel approximately 8 miles from where he was stopped to a local police department so that McKeel had the “best opportunity” to complete field sobriety tests. (¶¶4-5). Moving McKeel this far did not transform the stop into an arrest. [continue reading…]
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