On April 24, 2019, the court of appeals ordered the publication of the following decisions:
Winnebago County v. C.S., 2019 WI App 16 (involuntary medication of committed prisoners)
Brown County Human Services v. B.P. & T.F., 2019 WI App 18 (requirements for pleading “abandonment” under § 48.415; summary judgment reversed)
State v. Alberto E. Rivera, 2018AP952-CR, 4/30, District 1 (not recommended for publication); case activity (including briefs).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 then Rivera’s counsel made a “strategic” decision to offer the evidence as part of his defense. So, as you might guess, the appellate challenge regarding the admission of this evidence failed. Read more
State v. John Patrick Wright, 2019 WI 45, reversing an unpublished court of appeals decision; case activity (including briefs)
The supreme court holds (again) that, as part of any routine traffic stop, police may ask a driver whether he or she is carrying a weapon. Read more
State v. Gerald J. Vanderhoef, 2016AP2052-CR, District 1, 4/30/19 (not recommended for publication); case activity (including briefs)
Vanderhoef’s silence in response to the “Informing the Accused” form constituted a refusal to consent to a chemical test, so the subsequent blood draw was unlawful. However, the state subpoenaed the results of his urine test, and that evidence was admissible. Read more
State v. Michael Exhavier Dunn, 2018AP783-CR, 4/30/19, District 1 (not recommended for publication); case activity (including briefs).
The lead issues in this appeal are whether the jury pool for Dunn’s trial represented a fair cross section of the community and whether Dunn was denied equal protection when the DA struck 2 of the 3 African-Americans from the 30-person jury pool for his case. Read more
State v. Mose B. Coffee, 2018AP1209-Cr, 4/24/19, District 2, (recommended for publication); case activity (including briefs)
This published decision should make for an interesting petition for review. The court of appeals rejects a prior unpublished opinion, State v. Hinderman, to hold:
¶13 . . . [W]hen an officer lawfully arrests a driver for OWI, even if alcohol is the only substance detected in relation to the driver, a search of the interior of the vehicle, including any containers therein, is lawful because it is reasonable to believe evidence relevant to the offense of OWI might be found. Thus, the search of Coffee’s vehicle in this case was lawful and the circuit court properly denied his suppression motion.