December 2011

Reasonable Suspicion – Traffic Stop

December 29, 2011

State v. Nathaniel B. Kind, 2011AP1875-CR, District 4, 12/29/11 court of appeals decision (1-judge, not for publication); for Kind: Ryan McNamara; case activity A traffic stop for impaired driving supported by officer’s observation that Kind’s vehicle crossed fog line twice, without explicable cause such as debris on road. ¶15      While any […]

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State v. Juan G. Gracia, 2011AP813-CR, District 2, 12/28/11, rev. granted 5/14/12

December 28, 2011

court of appeals decision (1-judge, not for publication); for Gracia: Tracey A. Wood; case activity; petition for review granted 5/14/12 Warrantless Entry – Community Caretaker  Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine; State v. Ultsch, 2011 […]

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OWI – Implied Consent Law

December 28, 2011

State v. Luke T. Nirmaier, 2011AP1355-CR, District 3, 12/28/11 court of appeals decision (1-judge, not for publication); for Nirmaier: Michael M. Rajek; case activity The odor of alcohol on Nirmaier following a traffic accident resulting in substantial bodily injury triggered the implied consent law, notwithstanding absence of probable cause to arrest […]

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Mental Health Commitment – Extension Order; Involuntary Medication Order

December 28, 2011

Shawano County v. Anne R., 2011AP2040, District 3, 12/28/11 court of appeals decision (1-judge, not for publication); for Anne R.: Donna L. Hintze, SPD, Madison Appellate; case activity Anne R. challenges the extension of her mental health commitment / involuntary medication order, on the ground the County failed to prove […]

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Probable Cause – PBT

December 23, 2011

State v. Jason E. Goss, 2011 WI 104, affirming court of appeals summary order;  for Goss: Daniel J. Chapman; case activity ¶2   We are asked to determine whether the officer’s request for the PBT breath sample was made in violation of Wis. Stat. § 343.303, which states that an officer “may request” a PBT […]

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Identity Theft – Sufficiency Of Evidence; Restitution – Substantial Factor

December 22, 2011

State v. Cedric O Clacks, 2011AP338-CR, District 4, 12/22/11 court of appeals decision (not recommended for publication); for Clacks: Jefren E. Olsen, SPD, Madison Appellate; case activity Evidence held sufficient to prove contested, fourth element of identity theft (intentional representation user of personal identification document of another authorized to use […]

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TPR – Telephonic Appearance

December 22, 2011

Dane Co. DHS v. Johnny S., 2011AP1659, District 4, 12/22/11 court of appeals decision (1-judge, not for publication); for Johnny S.: Dennis Schertz; case activity ¶7        Johnny contends he was not able to meaningfully participate at the trial for three reasons.  First, he appeared by telephone, not videoconference, and he did not waive his […]

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Search & Seizure: Third-Party Consent – Residential Entry, Search of Laptop

December 22, 2011

State v. Kenneth M. Sobczak, 2012 WI App 6 (recommended for publication), petition for review granted, 6/13/12; for: Sobczak: Ryan J. Hetzel; case activity ¶6        The issue in this case is whether the girlfriend—as a guest in Sobczak’s parents’ home—had the authority to consent to the officer’s entry into the Sobczak […]

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Evidence Excluded from Case-in-Chief for Discovery Violation Admissible on Rebuttal; Appellate Review: Omitted Transcript Presumed to Support Discretionary Trial Court Ruling; Sleeping Juror

December 22, 2011

State v. Brent T. Novy, 2012 WI App 10 (recommended for publication), petition for review granted, 6/13/12; for Novy: Joseph George Easton; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation  Expert witness testimony, excluded from the State’s case-in-chief as a sanction failure to identify the witness during discovery, was […]

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Search & Seizure: Warrantless Entry (Duplex, Common Hallway) – Third-Party Consent – Exigent Circumstances

December 20, 2011

State v. Anthony D. Guard, 2012 WI App 8 (recommended for publication); for Guard: Richard L. Zaffiro; case activity Warrantless Entry – Duplex, Common Hallway Guard, a resident of a duplex upper flat, had a reasonable expectation of privacy in a hallway by which his unit was accessed, such that […]

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