State v. Donte Quintell McBride, 2021AP311-CR, state’s petition to review an unpublished court of appeals decision granted, 4/18/23; affirmed, 2023 WI 68 case activity (including briefs, PFR, and response to PFR)
Issues (from the State’s PFR):
1. When reviewing a motion to suppress, what is the proper application of the “clearly erroneous” standard of review?
2. Was the seizure and subsequent search of McBride constitutional where police observed two people sitting in an unilluminated SUV, which appeared to obstruct traffic, late at night in a high crime area, and when McBride made furtive movements in response to the officer’s spotlight? [continue reading…]
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by admin
on April 25, 2023
State v. Isaac M. Gabler, 2022AP995-CR, District 2, 04/19/23 (one-judge opinion, ineligible for publication); case activity
Gabler pled no contest to violating a temporary restraining order (TRO). The circuit court placed him on probation and denied his request to be eligible for expungement after determining that the public should be able to see that Gabler violated a TRO. Thereafter, the circuit court granted Gabler’s § 806.07 motion to vacate the underlying harassment injunction in part because the TRO upon which it was based was invalid. Nevertheless, the court affirms the circuit court’s denial of Gabler’s postconviction motion to reopen his sentencing hearing on the issue of expungement because “there was a temporary restraining order in place and that order had been violated.” (Opinion, ¶17). [continue reading…]
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by admin
on April 24, 2023
Brown County Department of Human Services v. S.K., 2023 WI App 27; case activity
A court has grounds to terminate parental rights under §48.415(9m) when the parent commits a “serious felony against a child.” Here, the circuit court found that grounds existed to terminate Stephanie’s parental rights to Robert because she had been convicted of child neglect resulting in death under but “as a party to the crime.” In a decision recommended for publication, the court of appeals reversed, but it rejected Stephanie’s argument that an “as a party to the crime” conviction can never qualify as a “serious felony.” [continue reading…]
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by admin
on April 23, 2023
County of Grant v. Brad Alan Hochhausen, 2022AP1065, 4/13/23, District 4; (1-judge opinion, ineligible for publication); case activity (including briefs)
Hochhausen was convicted of speeding under §346.57(5). The circuit court imposed a 15-day suspension of Hochhausen’s operating privileges and a civil forfeiture pursuant to §343.30(1n). On appeal he argued that §343.30(1n) does not apply to convictions under §346.57(5), The court of appeals agreed and reversed. [continue reading…]
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by admin
on April 23, 2023
State v. B.L., 2023AP8, 4/11/23, District 1 (1-judge opinion, ineligible for publication); case activity
“Barry” appealed an order terminating his parental rights to his 4 1/2-year-old daughter, Alice. He argued that the circuit court erred in admitting his criminal history during the grounds phase and erred in finding that it was in Alice’s best interest to terminate his rights. He lost on both issues. [continue reading…]
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by admin
on April 19, 2023
Winnebago County v. L.J.F.G., Case No. 22Ap1589, District 2, 04/12/2023 (one-judge opinion, ineligible for publication); case activity
L.J.F.G.’s (Emily’s) appeal concerned a stayed order for involuntary administration of psychotropic medication under Wis. Stat. § 55.14. While the court affirms the order and concludes that the evidence was sufficient to satisfy the statutory standard, it also noted that “the County certainly could have done a better job presenting evidence” and that the testimony was “hardly a model of clarity and does not put much meat on the bones.” (Opinion, ¶15). Moreover, the court added an observational footnote that “strongly encourages not only this county but other counties as well to take more care” presenting evidence at evidentiary hearings under Chapters 51 and 55. (Id., ¶16, n.3). The court further opined from its “singular perspective that much time could be saved for everyone in ‘the system’ if such additional time and care was employed at the petition and hearing stages.” (Id.). [continue reading…]
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by admin
on April 17, 2023
State v. Kit R. Stilwell, 2022AP1734-CR, District 2, 4/05/23 (1-judge opinion, not eligible for publication); case activity (including briefs)
After summarizing an “inordinate[ly]” complicated set of facts in an otherwise simple bail jumping case, the court of appeals notes that because he failed to file a reply brief, the state’s arguments were conceded by Stilwell. Recognizing that Stilwell was unrepresented and the “obligation on the part of a court to make reasonable allowances to protect pro se litigants,” however, the court briefly addresses Stilwell’s arguments. (Opinion, ¶7). [continue reading…]
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by admin
on April 17, 2023
….the next wave (no pun intended) of forensic science, discussed in this interesting article about digital voiceprinting.
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