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e. Overruled decision

OWI – probable cause to administer PBT

Dane County v. Steven D. Koehn, 2012AP1718, District 4, 1/10/13 Court of appeals decision (1 judge; ineligible for publication); case activity Motion to suppress evidence of intoxication properly denied because arresting officer had probable cause to administer a preliminary breath test. The court of appeals rejects Koehn’s claims that the officer’s failure to testify about… Read More

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State v. David W. Stevens, 2012 WI 97, affirming unpublished decision; case activity Miranda-Edwards Rule – Invocation of Counsel, Initiation of Contact by Suspect Where an in-custody suspect invokes his right to counsel and interrogation immediately ceases, but the suspect himself then initiates a request to continue the interrogation, the police may proceed with questioning if fresh Miranda warnings are given and validly waived. Edwards v… Read More

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on petition for review of unpublished decision; for Stevens: Paul G. LaZotte, SPD, Madison Appellate; case activity Issues (provided by court): If a suspect in custody initiates communication with the police after previously invoking his Miranda right to consult with an attorney but has yet to again waive his Miranda rights, do the police violate… Read More

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7th circuit court of appeals decision Retroactive Application of Case Law, on Collateral Review Narvaez’s federal ACCA enhancement, imposed in 2003, is now unsupportable in light of subsequently-decided Supreme Court authority (Begay v. U.S.; Chambers v. U.S.). He may therefore seek relief against the sentencing enhancement via 28 U.S.C. § 2255: the case law development worked… Read More

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Guilty Plea Waiver Rule

Columbia County v. Fred A. Ederer, 2010AP2369, District 4, 5/12/11 court of appeals decision (1-judge, not for publication); for Ederer: John Smerlinski; case activity Ederer’s no contest plea waived his right to appeal suppression issue in this OWI-1st (therefore, civil) case. His reliance on County of Ozaukee v. Quelle, 198 Wis. 2d 269, 275-76, 542 N.W.2d 196… Read More

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Adam Martine v. Quentin J. Williams, 2011 WI App 68 (recommended for publication); case activity ¶13      Prior to last year, this court applied a general rule regarding court of appeals’ cases reversed by the supreme court that “holdings not specifically reversed on appeal retain precedential value.”  Blum v. 1st Auto & Cas. Ins. Co., 2010 WI 78… Read More

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Effect, Overruled Decision

Richardson v. Henderson, 2010AP1765, District 2, 3/9/11 court of appeals decision (1-judge, not for publication); case activity ¶7, n.4: Our supreme court has held that “when the supreme court overrules a court of appeals decision, the court of appeals decision no longer possesses any precedential value, unless this court expressly states otherwise.”  Blum v. 1st… Read More

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Arrest – Probable Cause – OWI

County of Washington v. Michael D. Brazee, 2010AP687, District 2, 9/8/10 court of appeals decision (1-judge, not for publication); for Brazee: Walter Arthur Piel, Jr.; BiC; Resp.; Reply Probable cause to arrest found notwithstanding absence of PBT, given erratic driving, admission of drinking 8-10 beers, and failed field sobriety test performance: ¶17    Brazee seems to be asserting that under Renz… Read More

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