COA upholds admission of prior confrontations with police in disorderly conduct trial

State v. Eric L. Vanremortel, 2018AP417, 9/4/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Vanremortel was charged with disorderly conduct for an incident in which he followed the wife of a retired police officer in her car, then repeatedly got out of his own car and shouted at her. The state […] Source: WI Public Defenders – On Point COA upholds … Continue reading COA upholds admission of prior confrontations with police in disorderly conduct trial

COA finds reasonable suspicion for drug investigation, FSTs; probable cause for arrest

County of Dunn v. Cashe L. Newville, 2018AP1167, 8/6/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Newville was pulled over by a sheriff’s deputy who observed that, among other things, his license plate lamps weren’t working. An arrest on suspicion of operating under the influence of methamphetamine followed. The court of […] Source: WI Public Defenders – On Point COA finds … Continue reading COA finds reasonable suspicion for drug investigation, FSTs; probable cause for arrest

Second attempt to challenge 1995 license revocation fails, too

State v. Robert E. Hammersley, 2018AP1022, District 3, 7/30/19 (one-judge decision; ineligible for publication); case activity (including appellant’s brief) Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), doesn’t provide a basis to void the revocation of Hammersley’s driver’s license back in 1995 for refusing a blood alcohol test after his OWI arrest. Hammersley argues […] Source: WI Public Defenders – On Point Second attempt … Continue reading Second attempt to challenge 1995 license revocation fails, too

Ludicrous is not the same thing as absurd

State v. Medford B. Matthews, III, 2018AP845, 7/24/19, District 2 (recommended for publication); case activity (including briefs) It’s a crime in Wisconsin to have sex with a person under 18. Specifically, it’s a misdemeanor, if that person is 16 or older—like the 17-and-a-half-year-old alleged victim here. But, it’s tough to have sex without (1) being […] Source: WI Public Defenders – On Point Ludicrous is … Continue reading Ludicrous is not the same thing as absurd

“Written notice of appeal” of muni court judgment needn’t be “Notice of Appeal” form

City of Milwaukee v. David B. Munzinger, 2018AP2186, 7/23/2019, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) Munzinger fought his OWI citation in the municipal court and lost; he filed an appeal to the circuit court pursuant to Wis. Stat. § 800.14. To do this, his counsel filed a form  in the […] Source: WI Public Defenders – On Point “Written notice … Continue reading “Written notice of appeal” of muni court judgment needn’t be “Notice of Appeal” form

SCOW will review the petitioner’s burden on dangerousness in ch. 51 cases

Marathon County v. D.K., 2017AP2217, petition for review granted 7/10/19; case activity As our prior post noted, the court of appeals upheld D.K. (or “Donald”)’s commitment against his challenge to the sufficiency of the evidence. The supreme court has now agreed to decide whether the testimony of the examining physician, who was the sole witness […] Source: WI Public Defenders – On Point SCOW will … Continue reading SCOW will review the petitioner’s burden on dangerousness in ch. 51 cases

Refusal hearing argument didn’t clearly raise issue argued on appeal, so it’s forfeited

State v. Danny L. Waters, 2018AP1455, District 4, 5/2/19 (one-judge decision; ineligible for publication); case activity (including briefs) The argument Waters made at his refusal hearing wasn’t sufficiently clear to preserve the issue for appeal. Waters refused a blood test after being arrested for OWI in his home. He argues his license shouldn’t be revoked […] Source: WI Public Defenders – On Point Refusal hearing … Continue reading Refusal hearing argument didn’t clearly raise issue argued on appeal, so it’s forfeited

Admission of other acts evidence and sufficiency of evidence for homicide conviction affirmed

State v. Alberto E. Rivera, 2018AP952-CR, 4/30, District 1 (not recommended for publication); case activity (including briefs). The State charged Rivera with a homicide and an attempted homicide that occurred in 2015. Before trial, it moved to introduce “other acts” evidence–a homicide that Rivera committed in 1997. The trial court tentatively denied the motion. But […] Source: WI Public Defenders – On Point Admission of … Continue reading Admission of other acts evidence and sufficiency of evidence for homicide conviction affirmed

SCOTUS: lawyer who ignores client’s request for appeal from guilty plea is ineffective

Garza v. Ohio, USSC No. 17-1026, reversing Garza v. State, 405 P.3d 576 (Idaho 2017),   Scotusblog page (includes links to briefs and commentary) This case involved two plea agreements that included clauses stating that Garza waived his right to appeal. After sentencing, Garza told his lawyer that he wanted to appeal, but his lawyer refused […] Source: WI Public Defenders – On Point SCOTUS: lawyer … Continue reading SCOTUS: lawyer who ignores client’s request for appeal from guilty plea is ineffective

Hearsay, its exceptions, and harmless error

State v. Christopher Deshawn McGinnis, 2017AP2224-CR, 3/5/19, District 1 (not recommended for publication); case activity (including briefs) The court of appeals found certain hearsay statements admissible under the “statement against penal interest” and “prior inconsistent statement” exceptions to the hearsay rule. It also held that part of a detective’s testimony qualified as hearsay, but its […] Source: WI Public Defenders – On Point Hearsay, its … Continue reading Hearsay, its exceptions, and harmless error