Categories
1. Types of evidence 15. Evidence 45. WI Court of Appeals C. Unpublished Opinions D. Relevance, Ch. 904 q. Suggestiveness of line-up

COA reverses order suppressing identification evidence obtained in a lineup

State v. Andre David Nash, 2018AP1595-CR, 1/7/20, District 1 (not recommended for publication); case activity (including briefs). Under Wisconsin law, once a defendant shows that an out-of-court identification procedure is impermissibly suggestive, the State has the burden of demonstrating that the identification was still reliable and should be admitted into evidence. Powell v. State, 86 […]
Source: WI Public Defenders – On Point
COA reverses order suppressing identification evidence obtained in a lineup

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1. Best interests of the child 1. Deficient performance 39. TPRs 45. WI Court of Appeals 8. Counsel, 6th Am. b. Not found C. Unpublished Opinions D. Ineffective Assistance F. Fact-finding, Sec. 48.424

Pro se appeal from termination of parental rights fails

State v. A.M., 2019AP475-476, District 1, 1/3/20, (1-judge opinion, ineligible for publication); case activity This is A.M.’s pro se appeal from an order terminating her parental rights to her two children. The briefs are confidential, and the court of appeals states that it had difficulty discerning her arguments.  She appears to have argued that she […]
Source: WI Public Defenders – On Point
Pro se appeal from termination of parental rights fails

Categories
1. Original commitment 3. Civil Commitments 45. WI Court of Appeals 8. Appeals A. Ch. 51, Mental health a. Constitutional challenges a. Forfeiture of issues b. Recent acts/threats C. Unpublished Opinions f. 51.20(1)(a)2. Dangerousness

Evidence supported commitment under 2nd standard, due process challenge forfeited

Monroe County v. D.J., 2019AP1133, 1/2/19, District 4, (1-judge opinion, ineligible for publication); case activity Oh, this issue again. Monroe County pursued a Chapter 51 original commitment against D.J. but didn’t say which of the 5 standards of dangerousness it was proceeding under. One doctor opined that commitment was warranted under the 1st or 2nd […]
Source: WI Public Defenders – On Point
Evidence supported commitment under 2nd standard, due process challenge forfeited

Categories
11. Defense Wins 28. Postconv. Motions 45. WI Court of Appeals 8. Counsel, 6th Am. B. Newly Discovered Evidence C. Unpublished Opinions D. Ineffective Assistance Important Posts

Defense win – defendant gets evidentiary hearing on IAC and newly-discovered evidence claims

State v. Antonio L. Bell, 2018AP1593 & 1594, 12/27/19, District 1 (not recommended for publication); case activity (including briefs) Bell pleaded to two sexual assaults: one of his 9-year-old daughter and one of his 14-year-old stepdaughter. He maintained his innocence but insisted that he would plead to spare them from testifying. After sentencing, he filed […]
Source: WI Public Defenders – On Point
Defense win – defendant gets evidentiary hearing on IAC and newly-discovered evidence claims

Categories
35. Sentencing 45. WI Court of Appeals B. Trial court discretion C. Unpublished Opinions H. Modification/Review

“Order lifetime supervision” is enough said, given totality of sentencing remarks

State v. Shawn A. Anderson, 2019AP173-CR, District 3, 11/13/19 (not recommended for publication); case activity (including briefs) The circuit court’s sentencing remarks considered in their entirety showed the court properly exercised its discretion in ordering Anderson to be subject to lifetime supervision under § 939.615. Anderson was charged with and convicted of child sexual assault. […]
Source: WI Public Defenders – On Point
“Order lifetime supervision” is enough said, given totality of sentencing remarks

Categories
1. Best interests of the child 39. TPRs 45. WI Court of Appeals C. Unpublished Opinions F. Fact-finding, Sec. 48.424 Uncategorized

Trial court needn’t find “bests interest of the child” when disposing of TPR case

State v. E.F., 2019AP1559-1561, 11/12/19, District 1, (1-judge opinion, ineligible for publication); case activity The trial court never uttered the words “best interest of the child” at the dispositional phase of this TPR case. No matter, says the court of appeals, “magical” or “talismanic” words aren’t necessary. The trial court’s decision was “infused with articulated […]
Source: WI Public Defenders – On Point
Trial court needn’t find “bests interest of the child” when disposing of TPR case

Categories
10. Sufficiency of 2. Counsel 39. TPRs 45. WI Court of Appeals a. Effective assistance B. Constitutional rights C. Unpublished Opinions F. Fact-finding, Sec. 48.424

Counsel wasn’t ineffective for failing to call mom’s psychiatrist at TPR trial

State v. A.C.M., 2018AP2423-2424, 11/12/19, District 1 (1-judge opinion, ineligible for publication); case activity A.C.M.’s trial lawyer did not call her psychiatrist to testify about her mental health or her medication compliance–evidence that was important to the issue of whether she posed a safety risk to her children. The court of appeals held that even […]
Source: WI Public Defenders – On Point
Counsel wasn’t ineffective for failing to call mom’s psychiatrist at TPR trial

Categories
1. Miranda custody 45. WI Court of Appeals 5. Confessions A. In-Custody, 5th Amendment B. Published opinions Important Posts Published 2019

Incarceration is no longer custody per se under Miranda

State v. Brian L. Halverson, 2018AP858-CR, 11/13/19, District 3 (recommended for publication); case activity (including briefs) Until now, Wisconsin held that a person who is interviewed by law enforcement while incarcerated is per se in custody and thus must receive a Miranda warning. State v. Armstrong, 223 Wis. 2d 331, 588 N.W. 2d 606 (1999). This published […]
Source: WI Public Defenders – On Point
Incarceration is no longer custody per se under Miranda

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3. Exigent circumstances 34. Search & Seizure 45. WI Court of Appeals B. Published opinions C. Warrant unnecessary e. Hot pursuit Important Posts Published 2019

How to measure the hotness of an officer’s pursuit

State v. Jeffrey L. Ionescu, 2018AP1620-CR, 11/13/19, District 2 (recommended for publication; case activity (including briefs) A homeowner told police that he found a burglar in his car and saw him run west across his yard. About 10 minutes later, officer and a trained tracking dog headed in that direction for about 30 minutes. The […]
Source: WI Public Defenders – On Point
How to measure the hotness of an officer’s pursuit

Categories
35. Sentencing 4. Surcharges 45. WI Court of Appeals b. Domestic abuse C. Unpublished Opinions D. Type of punishment

COA: no error in noting Domestic Abuse on JOC even though surcharge waived

State v. Amanuel A. Ayele, 2019AP432, 11/7/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Ayele pleaded to a battery after an attack on his father, with whom he lived. The state had charged the crime as an incident of domestic abuse carrying a surcharge under Wis. Stat. § 973.o55 but moved, […]
Source: WI Public Defenders – On Point
COA: no error in noting Domestic Abuse on JOC even though surcharge waived