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State v. Andre David Nash, 2018AP1595-CR, 1/7/20, District 1 (not recommended for publication); case activity (including briefs).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 … Continue reading COA reverses order suppressing identification evidence obtained in a lineup

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 … Continue reading Pro se appeal from termination of parental rights fails

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

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State v. Antonio L. Bell, 2018AP1593 & 1594, 12/27/19, District 1 (not recommended for publication); case activity (including briefs) Bell pleaded to two sexual assaults: one of his 9-year-old daughter and one of his 14-year-old stepdaughter.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 … Continue reading Defense win – defendant gets evidentiary hearing on IAC and newly-discovered evidence claims

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

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

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

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 … Continue reading Incarceration is no longer custody per se under Miranda

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 … Continue reading How to measure the hotness of an officer’s pursuit

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