by admin
on February 19, 2015
State v. Frederick C. Thomas, III, 2014AP816-818, 2/19/15, District 4 (1-judge opinion; ineligible for publication); click here for briefs
Thomas was convicted of OWI, operating a car with a prohibited alcohol concentration, unsafe lane deviation, and failure to signal a turn. He challenged the stop, the extension of the stop to conduct field sobriety tests, and the administration of the preliminary breath test. The circuit court denied suppression, and the court of appeals affirmed. [continue reading…]
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by admin
on February 19, 2015
Milwaukee County v. Aaron B., 2014AP2008-FT, 2/18/15, District 1 (1-judge opinion; ineligible for publication); case activity
Aaron was deemed mentally ill and committed for 2 months under Chapter 51 when he bit off his caregiver’s ear. Afterwards, the county asked to extend his commitment under §51.20(13(g). Based upon statements from Aaron’s treating psychologists, the circuit court agreed and the court of appeals affirmed.
Aaron certainly improved on medication, but he remained volatile and continued to engage in self-mutilation. Psychologists testified that there was a substantial likelihood he would again become the proper subject for commitment if treatment were withdrawn. The court of appeals held:
In sum, the circumstances of this case are precisely the sort contemplated by Wis. Stat. § 51.20(1)(am). The purpose of § 51.20(1)(am) is to prevent “revolving door” situations in which patients are released from commitment only to commit additional dangerous acts and then be recommitted. See W.R.B., 140 Wis. 2d at 351. Indeed, such a scenario is exactly what Kisicki predicted would happen if Aaron were released. She testified that absent the close supervision and behavioral control, “he would become more agitated, more psychotic and would end up rehospitalized.” While Aaron argues that there was no evidence in the record suggesting that he would quit taking his medication if not recommitted, the court could appropriately rely on the testimony of the doctors that Aaron required a locked facility in order to ensure compliance with his treatment plan. Slip op. ¶13.
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by admin
on February 19, 2015
State v. Johnny E. Miller, 2014AP1392-CR, 2/18/05, District 2 (1-judge opinion, ineligible for publication); case activity
Miller argued that the State breached its plea agreement with him when, at sentencing, it recommended that he be eligible for the Earned Release Program only after he served a specified period of prison time. The State, he claimed, impermissibly advocated a harsher sentence than recommended. The court of appeals rejected Miller’s argument because he and the State simply “did not have any agreement as to ERP eligibility.” Slip op. ¶6.
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by admin
on February 12, 2015
State v. Miranda K. Hinderman, 2014AP1787-CR, 2/12/15, District 4 (one-judge opinion; ineligible for publication); click here for briefs
Just because police had grounds to arrest Hinderman for OWI didn’t mean that they also had reason to believe that evidence relating to the OWI might be found in a 3″x3″ pouch inside her purse, inside her car, where they happened to find marijuana and drug paraphernalia.
[continue reading…]
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by admin
on February 12, 2015
State v. Charles C.S., Jr., 2014AP1045, 2/11/15, District 2 (not recommended for publication); click here for docket
Ouch! This is the rare case where the court of appeals found both the deficient performance and the prejudice required for an “ineffective assistance of trial counsel” claim. Such decisions can be hard on the defense attorney, but in this case the DA took a beating.
[continue reading…]
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by admin
on February 12, 2015
State v. Darrell G. Lewis, 2014AP2289-CR, 2/12/14; District 4 (one-judge opinion, ineligible for publication); click here for briefs
After arresting Lewis for OWI, police searched his car and found marijuana. Lewis moved to suppress based on Arizona v. Gant, 556 U.S. 332 (2009), which permits a warrantless search of a car and containers within incident to arrest when it is reasonable to believe evidence relevant to the crime might be found there. Lewis lost his motion and appeal.
[continue reading…]
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by admin
on February 11, 2015
State v. Juwon B., 2014AP2504, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity
The circuit court properly exercised its discretion in waiving Juwon to adult court despite the fact Juwon lacked any prior record and was a “good kid who made a mistake.”
[continue reading…]
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by admin
on February 11, 2015
Winnebago County v. Martin W., 2014AP1351, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity
In this case involving a ch. 51 proceeding involving a state prison inmate, the County met its burden under § 51.20(1)(ar) to prove by clear and convincing evidence that (1) appropriate less restrictive forms of treatment have been attempted unsuccessfully and (2) Martin was fully informed about his treatment needs.
[continue reading…]
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