State v. Thomas W. Koeppen, 2013AP2539-CR, District 4, 8/28/14 (recommended for publication); case activity

A “motor bicycle” is a bicycle with a motor added, and can be either pedaled or self-propelled using the motor, § 340.01(30). Whether a person can be charged under the OWI/PAC statute based on his operation of a motor bicycle depends on whether a motor bicycle is a “motor vehicle” under § 340.01(35). The court of appeals concludes that a plain-language reading of the relevant statutes shows a motor bicycle is a motor vehicle, “at least when the motor bicycle being operated is self-propelled, rather than pedaled.” (¶1).

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State v. Victor J. Godard, 2014AP396-CR, District 4, 8/28/14 (1-judge; ineligible for publication); case activity

The arresting officer provided Godard with accurate information about the implied consent law and thus did not cause Godard to refuse to submit to the implied consent blood test or deny him his right to a second test.

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State v. Britton D. McKenzie, 2014AP314-CR, District 4, 8/28/14 (1-judge; ineligible for publication); case activity

Consecutive jail sentences totaling 24 months were not unduly harsh and excessive. Read the full article

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Retrograde extrapolation of blood alcohol concentration survives Daubert challenge

August 27, 2014

State v. Todd J. Giese, 2013AP2009-CR, District 2, 8/27/14 (recommended for publication); case activity Expert testimony regarding retrograde extrapolation of Giese’s blood alcohol concentration is admissible under new version of § 907.02(1) despite the fact some experts doubt its reliability because it was the product of reliable principles and methods and based upon sufficient facts […]

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Time for holding probable cause hearing under § 51.20(7)(a) runs from time of arrival at hosptial, not mental health unit within hospital

August 27, 2014

Ozaukee County v. Mark T.J., 2014AP479, District 2, 8/27/14 (1-judge; ineligible for publication); case activity The failure to hold an initial hearing within 72 hours of Mark’s arrival at the hospital where he was detained deprived the circuit court of competency to order an initial commitment order under ch. 51. […]

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Police had sufficient basis to request PBT

August 27, 2014

State v. Jeanmarie Carini, 2014AP526-CR, District 2, 8/27/14 (1-judge; ineligible for publication); case activity There was reasonable cause to believe Carini was driving while impaired and therefore police properly asked her to submit to a preliminary breath test.

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Minor may consent to recording of conversation under § 968.31′s one-party consent rule

August 26, 2014

State v. Price G. Turner, III, 2013AP2101-CR, District 3, 8/26/14 (recommended for publication); case activity A minor does not as a matter of law lack the capacity to consent to police interception of the minor’s conversations with another person and therefore vicarious consent by a parent is not required.

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Counsel wasn’t ineffective for failing to impeach witness with testimony from previous trial

August 26, 2014

State v. Robert Kentrell Gant, 2013AP1842-CR, District 1, 8/26/14 (not recommended for publication); case activity Trial counsel’s failure to ask a witness at Gant’s second trial about her inconsistent testimony from Gant’s first trial wasn’t ineffective because the omission didn’t prejudice Gant. Further, the witness’s recantation of the testimony she gave at the […]

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Counsel’s failure to object to expert testimony and hearsay during TPR trial wasn’t ineffective

August 26, 2014

State v. Johnnie J., 2014AP144 & 2014AP145, District 1, 8/21/14 (1-judge; ineligible for publication); case activity: 2014AP144; 2014AP145 Assuming trial counsel should have objected to certain expert opinion evidence and hearsay evidence about Johnnie’s behavior, the failure to do so didn’t prejudice Johnnie because of the overwhelming evidence supporting the jury’s verdicts on one […]

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Defendant failed to make sufficient showing to get review of victim’s mental health records

August 14, 2014

State v. Andrew M. Obriecht, 2014AP445-CR, District 4, 8/14/14 (1-judge; ineligible for publication); case activity Obriecht didn’t show the victim’s mental health records might contain relevant information necessary to his defense, so the circuit court properly denied his motion to conduct an in camera review of the records.

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