Follow Us

Facebooktwitterrss
≡ Menu

5. Habitual Offender

court of appeals decision (1-judge, not for publication); for Gracia: Tracey A. Wood; case activity; petition for review granted 5/14/12 Warrantless Entry – Community Caretaker  Entry into Gracia’s bedroom by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

{ 0 comments }

OWI Enhancer – Collateral Attack

State v. Jason L. Decorah, 2011AP662-CR, District 4, 12/8/11 court of appeals decision (1-judge, not for publication); for Decorah: Corey C. Chirafisi; case activity Collateral attack on a prior OWI used as a current enhancer, on the ground Decorah didn’t understand the range of penalties therefore didn’t validly waive counsel. Decorah prevailed below, and the court… Read More

{ 0 comments }

City of Waukesha v. James F. Murphy, 2010AP2499, District 1/2, 11/29/11 court of appeals decision (1-judge, not for publication); for Murphy: Leonard G. Adent; case activity The City obtained dismissal of a then-pending OWI-1st, after discovering that Murphy had an OWI-related conviction. (Per Walworth Cnty. v. Rohner, 108 Wis. 2d 713, 722, 324 N.W.2d 682… Read More

{ 0 comments }

OWI-Repeater – Challenge to Prior Conviction

State v. Jeffrey Steinhorst, 2011AP1360-CR, District 4, 11/23/11 court of appeals decision (1-judge, not for publication); for Steinhorst: Steven Cohen; case activity Steinhorst made a prima facie showing that he did not validly waive counsel in a prior OWI case; therefore, he is entitled to a hearing at which the State must prove proper waiver… Read More

{ 0 comments }

OWI – Habitual – Collateral Attack

State v. Jonathan M. Reynolds, 2011AP512-CR, District 4, 8/11/11 court of appeals decision (1-judge, not for publication); for Reynolds: Steven Cohen; case activity Reynolds collateral attack on a prior OWI conviction (on the ground waiver of counsel was ineffectual because he didn’t know the potential range of penalties) is rejected. Basic procedure discussed and applied… Read More

{ 0 comments }

State v. Andrew C. Holder, 2011 WI App 116 (recommended for publication); for Holder: Edward D. Burke, Jr.; case activity Although the penalty enhancement scheme  generally allows increased penalty for each prior OWI conviction, § 346.65(2)(am)5. provides that “convictions arising out of the same incident or occurrence shall be counted as one.” Nonetheless, Burke’s driving under the influence across the Michigan… Read More

{ 0 comments }

State v. Francis A. Malsbury, 2010AP3112-CR, District 2, 6/8/11 court of appeals decision (1-judge, not for publication); for Malsbury: Andrew R. Walter; case activity Prior conviction, in Washington state in 1999 for reckless driving amended from driving under the influence, qualified as a prior OWI and therefore subjected Malsbury to criminal prosecution. ¶7        We hold that… Read More

{ 0 comments }

State v. Marilee Devries, 2011 WI App 78 (recommended for publication); for Devries: Matthew S. Pinix; case activity OWI – Repeater – Proof, Prior “Conviction” Certified copies of proceedings in foreign jurisdictions established adequate proof of prior OWI “connvictions,” § 343.307(1)(d). ¶9        When Wisconsin’s driving laws provide for the enhancement of penalties for a current… Read More

{ 0 comments }