Categories
1. Appeals 15. Evidence 2. Evidentiary decision 4. Character, 904.04 45. WI Court of Appeals 6. Confrontation, 6th Am. a. Certified records c. "Greater latitude" rule C. Unpublished Opinions D. Hearsay D. Relevance, Ch. 904 L. Harmless Error

Circuit court erroneously admitted hearsay at child sexual assault trial, but error was harmless

State v. Jeffrey D. Lee, 2018AP1507-CR, 11/5/19, District 1 (not recommended for publication); case activity (including briefs) At a jury trial for child sexual assault, the circuit court admitted “other acts” evidence that Lee had similarly assaulted 5 other children. The court of appeals called the “other acts” evidence of the 3rd, 4th and 5th […]
Source: WI Public Defenders – On Point
Circuit court erroneously admitted hearsay at child sexual assault trial, but error was harmless

Categories
1. Appeals 1. Of certain matters 15. Evidence 17. Mistrial decision 29. Pretrial proceedings 3. Prejudice, 904.03 40. Trial Procedures 45. WI Court of Appeals B. Discovery C. Unpublished Opinions D. Relevance, Ch. 904 K. Mistrial K. Standards of Review

COA finds no error in denying mistrial for 3 evidentiary issues

State v. Ross Harris, Jr., 2018AP1667, 10/24/2019, District 4 (one-judge opinion; ineligible for publication); case activity (including briefs) The charges in this case, disorderly conduct and battery, arose from an altercation in a hospital elevator. The state said Harris, newly a grandfather, had attacked A.D., the fiancé of his newborn grandchild’s maternal grandmother, while both […]
Source: WI Public Defenders – On Point
COA finds no error in denying mistrial for 3 evidentiary issues

Categories
1. Appeals 1. Deficient performance 18. Newly discovered evidence 2. Prejudice 45. WI Court of Appeals 8. Counsel, 6th Am. b. Not found b. Prejudice not found C. Unpublished Opinions D. Ineffective Assistance K. Standards of Review

Ineffective assistance, newly discovered evidence claims fail

State v. Robert C. Washington, 2018AP1771-CR, District 1, 10/8/19 (not recommended for publication); case activity (including briefs) Washington was convicted of first degree reckless homicide and first degree reckless injury for shooting his two sons, killing one and injuring the other. He argues his lawyer was ineffective for advising him to plead without discussing possible […]
Source: WI Public Defenders – On Point
Ineffective assistance, newly discovered evidence claims fail

Categories
1. Appeals 15. Evidence 3. Civil Commitments 4. Character, 904.04 45. WI Court of Appeals 8. Appeals 8. Discretionary decision A. Ch. 51, Mental health a. Forfeiture of issues C. Unpublished Opinions D. Relevance, Ch. 904 d. Undeveloped argument K. Standards of Review

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 admission of prior confrontations with police in disorderly conduct trial

Categories
1. Appeals 2. Probable cause 2. Traffic stops 34. Search & Seizure 4. Argument 45. WI Court of Appeals a. Field Sobriety Testing B. Search warrants C. Briefs/Appendices c. Preliminary breath test C. Unpublished Opinions d. Undeveloped argument G. Reasonable suspicion

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

Categories
1. Appeals 28. Weight of authority 4. Procedure 45. WI Court of Appeals 9. Crimes B. Chs. 343-346: Traffic offense C. Unpublished Opinions d. Law of the case f. Retroactivity K. Standards of Review Refusal Hearing

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 to challenge 1995 license revocation fails, too

Categories
1. Appeals 10. Defenses 38. Statutes 4. Argument 7. Double jeopardy, A. Statutory defenses B. Construction C. Briefs/Appendices d. Undeveloped argument Important Posts

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 not the same thing as absurd

Categories
1. Appeals 11. Defense Wins 3. Notice of appeal /intent 45. WI Court of Appeals B. Commencing the appeal C. Unpublished Opinions

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

Categories
1. Appeals 1. Original commitment 26. Sufficiency of evidence 3. Civil Commitments A. Ch. 51, Mental health f. 51.20(1)(a)2. Dangerousness Important Posts K. Standards of Review Pending in SCOW

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

Categories
1. Appeals 1. Objection requirement 4. Specific issues 45. WI Court of Appeals c. Constitutional issues C. Unpublished Opinions D. Waiver of issues/arguments e. Failure to highlight issue

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