by admin
on September 16, 2014
State v. Jimmie Lee Smith, 2014 WI App 98, petition for review granted 6/12/15; case activity
If you’re working on a competency issue, read this decision. Neither the trial court nor defense counsel raised the subject of Smith’s competency at the time of trial. And Smith had not received a pre-trial competency exam. That’s why the postconviction court rejected Smith’s claim that he was incompetent at the time of trial. There was no contemporaneous evidence to support it. The court of appeals reversed, vacated the conviction, and remanded the case for a new trial. [continue reading…]
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by admin
on September 14, 2014
State v. John M. Lattimore, 2013AP911-CR, District 4, 9/11/14 (not recommended for publication); case activity
Lattimore was convicted of 2nd-degree sexual assault with use of force and false imprisonment against S.M. He appealed trial court decisions to: (1) join a count of 3rd-degree sexual assault against a different victim, M.H., to S.M.’s trial, (2) exclude the text of a Facebook message sent by S.M.’s brother to the defendant right after the assault, and (3) admit testimony about S.M.’s personality change after the assault. He had no luck with the court of appeals.
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by admin
on September 11, 2014
Sheboygan County DHHS v. Phillip L., 2014AP780, District 2, 9/10/14 (1-judge; ineligible for publication); case activity
When Phillip entered his no-contest plea at the fact-finding stage of his termination of parental rights (TPR) proceeding, the circuit court didn’t take sworn testimony to support the TPR petition, as required by § 48.422(3). Because Phillip doesn’t allege the error resulted in any lack of understanding as to the plea he entered, he is not entitled to withdraw his plea.
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by admin
on September 11, 2014
Winnebago County v. William A.M., 2014AP977-FT, District 2, 9/10/14 (1-judge; ineligible for publication); case activity
The evidence at trial was sufficient to prove William was dangerous under § 51.20(1)(a)2.c., which requires a showing of “such impaired judgment, manifested by evidence of a pattern of recent acts or omissions, that there is a substantial probability of physical impairment or injury to himself or herself.”
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by admin
on September 11, 2014
State v. Elisa Estrada, 2013AP2803-CR, District 2, (not recommended for publication); case activity
Estrada did not challenge the legality of the law enforcement’s decision to stop her vehicle for a traffic violation. Her appeal focused on the decision to extend the stop longer than necessary to address a suspended registration in order to investigate a robbery that had occurred about 50 minutes earlier. She highlighted weaknesses in the facts cited to show reasonable suspicion, but the court of appeals found them plenty strong enough.
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by admin
on September 11, 2014
Waukesha County v. Steven R.C., 2014AP1032-FT, District 2, 9/10/14 (1-judge; ineligible for publication); case activity
The failure to hold a probable cause hearing within 72 hours of Steven’s initial detention deprived the circuit court of competency to proceed, despite the County’s filing of a new petition within the 72-hour time period with new allegations.
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by admin
on September 9, 2014
Tiffany Hill v. D.C., 2014 WI App 99; case activity
Because the plain language of § 813.125(3)(c) allows only one extension of a temporary restraining order, the circuit court lost competency to proceed when it extended the TRO twice.
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by admin
on September 9, 2014
State v. Travis Daniel Thom, 2014AP613-CR, District 3, 9/9/14 (1-judge; ineligible for publication); case activity
A police officer reasonably assumed a car was being driven by the owner where there was no additional information suggesting someone else was driving.
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