Follow Us

≡ Menu

December 2011

Reasonable Suspicion – Traffic Stop

State v. Nathaniel B. Kind, 2011AP1875-CR, District 4, 12/29/11 court of appeals decision (1-judge, not for publication); for Kind: Ryan McNamara; case activity A traffic stop for impaired driving supported by officer's observation that Kind's vehicle crossed fog line twice,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 one of these facts, standing… Read More

court of appeals decision (1-judge, not for publication); for Gracia: Tracey A. Wood; case activity; petition for review granted 5/14/12 Warrantless Entry - Community Caretaker  Entry into Gracia's bedroom by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 WI App 17, 331 Wis. 2d… Read More

OWI – Implied Consent Law

State v. Luke T. Nirmaier, 2011AP1355-CR, District 3, 12/28/11 court of appeals decision (1-judge, not for publication); for Nirmaier: Michael M. Rajek; case activity The odor of alcohol on Nirmaier following a traffic accident resulting in substantial bodily injury triggered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 at that point: ¶9        Wisconsin Stat. § 343.305(3)… Read More

Shawano County v. Anne R., 2011AP2040, District 3, 12/28/11 court of appeals decision (1-judge, not for publication); for Anne R.: Donna L. Hintze, SPD, Madison Appellate; case activity Anne R. challenges the extension of her mental health commitment / involuntary medication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 she would be a proper… Read More

Probable Cause – PBT

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 breath sample "[i]f a law… Read More

State v. Cedric O Clacks, 2011AP338-CR, District 4, 12/22/11 court of appeals decision (not recommended for publication); for Clacks: Jefren E. Olsen, SPD, Madison Appellate; case activity Evidence held sufficient to prove contested, fourth element of identity theft (intentional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 it), § 943.201(2)(a) as party to the crime… Read More

TPR – Telephonic Appearance

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 right to appear by videoconference.  Second… Read More

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 residence and to the search… Read More