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3. Evidence

State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to a blood draw cannot prevent the testing of the blood sample for alcohol or drugs by… Read More


State v. Gerald J. Vanderhoef, 2016AP2052-CR, District 1, 4/30/19 (not recommended for publication); case activity (including briefs) Vanderhoef’s silence in response to the “Informing the Accused” form constituted a refusal to consent to a chemical test, so the subsequent blood draw was unlawful. However, the state subpoenaed the results of his urine test, and that… Read More


Traffic stop, field sobriety tests lawful

State v. Faith A. Parafiniuk, 2018AP1956, District 2, 3/27/19 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of Parafiniuk’s car was supported by reasonable suspicion and the officer had sufficient reason to extend the stop to administer field sobriety tests. A police officer testified he was completing a turn onto a road… Read More


State v. James R. Mueller, 2018AP44-CR, 2/12/19, District 3 (1-judge opinion, eligible for publication); case activity (including briefs). Mueller conceded that an officer had reasonable suspicion to stop him. He argued that the officer extended the stop based on a “hunch” and that his FSTs results did not provide probable cause for arrest or sufficient… Read More


Dismissal after suppression ruling was premature

County of Green v. Joey Jay Barnes, 2018AP1382, District 4, 2/7/19 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court dismissed charges against Barnes after suppressing some of the evidence against him. Not so fast, says the court of appeals. Barnes was charged with operating while intoxicated and operating with a prohibited… Read More


State v. Jessica M. Randall, 2017AP1518, petition for review of unpublished opinion granted 10/9/18; case activity Issue: Was Randall entitled to suppression of the results of a test of a blood sample that she voluntarily gave to police under the implied consent law because she informed the lab that she was withdrawing her consent before… Read More

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No error in finding defendant guilty of OWI

Village of Pleasant Prairie v. Brian Lucas, 2017AP2131, District 2, 8/22/18 (one-judge decision; ineligible for publication); case activity This pro se defendant’s challenges to his OWI conviction go nowhere. His argument that the trial court erred in delaying the trial so he could obtain appointed legal counsel is undeveloped, and in any event founders straight… Read More


State v. Collin M. Gallagher, 2017AP1403, 4/5/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Police took Gallagher’s blood by a warrant that the parties agree was supported by probable cause of operating while intoxicated. He argues, though, that the warrant did not, by its terms, authorize the subsequent testing of his… Read More