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H. Ch. 946: Against gov’t/admin

State v. Bobbie Tanta Bowen, 2015 WI App 12; case activity Bowen was found guilty of bail jumping for violating the provision of his bail that he have no contact with F.B., the victim of an earlier battery charge, or F.B.’s residence. The court of appeals holds that the trial evidence—which showed Bowen went into… Read More

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State v. Andrew K. Valiquette, 2013AP909-CR, District 4, 12/19/13; court of appeals decision (1-judge; ineligible for publication); case activity Valiquette, convicted of resisting arrest, argues the police lacked lawful authority when they moved to pat him down for weapons, and asserts trial counsel’s failure to pursue that defense was based on a misunderstanding of the… Read More

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State v. Earnest Lee Nicholson, 2013AP722-CR, District 1, 10/29/13; court of appeals decision (1-judge; ineligible for publication); case activity Nicholson was arrested for felony battery of his girlfriend, Marnice Franklin, but the battery charge was dismissed after Franklin failed to appear to testify at trial; Nicholson was also charged with resisting an officer, and that… Read More

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State v. Adrian Castaneda, 2012AP1596-CR, District 1, 8/13/13; court of appeals decision (not recommended for publication); case activity Sufficiency of evidence to support felony bail jumping conviction The state and the defense stipulated to the fact that Castaneda had been charged with a felony and agreed the jury would be told only that Castaneda had… Read More

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State v. Mark A. Gierczak, 2012AP965-CR, District 4, 12/13/12 court of appeals decision (1 judge; ineligible for publication); case activity For purposes of obstructing an officer § 946.41, “officer” includes someone with authority “to take another into custody,” and therefore includes a correctional officer at a county jail, ¶¶11-12. The court of appeals thus rejects Gierczak’s challenge to the factual… Read More

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State v. Michael P. Green, 2011AP2137-CR, District 2, 8/8/12 court of appeals decision (1-judge, not for publication); case activity Traffic stop, based on report by gas station attendant of suspected drunk driver, was sufficiently reliable to support investigatory stop. ¶10      This court has previously held that a tip shows sufficient indicia of reliability to justify an… Read More

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State v. Keith A. Stich, 2010AP2849-CR, District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Stich: Andrew Joseph Burgoyne; case activity Stich’s failure to heed an officer’s instruction to stop – instead, Stich walked away and into his house and encouraged his companion Lidbloom to do likewise – established the crime of obstructing. The police were… Read More

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Warrantless Entry – Hot Pursuit

State v. Jenny L. Nowak, 2010AP1499-CR, District 3, 5/17/11 court of appeals decision (1-judge, not for publication); for Nowak: Keith F. Ellison; case activity Warrantless entry into Nowak’s garage was justified under hot pursuit doctrine, given “probable cause to believe Nowak committed a jailable offense—specifically, resisting by failure to stop,” § 346.17(2t) (punishable by 9 months imprisonment), ¶15… Read More

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