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1. Conditions

State v. Marguerite Alpers, 2015AP1784-CR, 1/12/16, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court erroneously exercised its discretion in ordering Alpers to install an ignition interlock device “on [her] husband’s car” as a condition of probation in her OWI cases because the record didn’t establish the condition was a reasonable and appropriate means… Read More

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Plea withdrawal – adequacy of plea colloquy

State v. Justin L. Garrett, Case No. 12AP1341-CR, District 2, 12/19/12 Court of appeals decision (1 judge; ineligible for publication); case activity Garrett failed to make a prima facie showing that his plea colloquy was defective, so his motion to withdraw plea was properly denied without an evidentiary hearing: ¶10      Garrett argues that he did not… Read More

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Wisconsin State v. Tally Ann Rowan, 2012 WI 60, on certification review ; case activity Extended Supervision Conditions – Suspicionless Searches  A condition of extended supervision “that allows any law enforcement officer to search [Tally]’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion,” was tailored to the particular facts and… Read More

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State v. Matthew O. Roach, 2011AP2105-CR, District 4, 5/17/12 court of appeals decision (1-judge, not for publication); for Roach: Brandon Kuhl; case activity Mootness Doctrine – Generally  ¶8 n. 2: The State also contends that this issue is moot because the condition of probation Roach challenges expired on January 19, 2012.  An issue is moot when its resolution… Read More

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State v. Tally Ann Rowan, 2010AP1398-CR, rev. granted 10/25/11 on certification request (District 3/4); for Rowan: LaZotte, Paul G.; case activity Issue (from Certification):  The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer… Read More

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certification; for Rowan: Paul G. LaZotte, SPD, Madison Appellate; case activity; review granted, 10/25/11 Extended Supervision Conditions – Limits on Fourth Amendment Rights The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer… Read More

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court of appeals decision (1-judge; not for publication); for Luckett: Cheryl A. Ward; BiC; Resp.; Reply Extended Supervision Conditions ES condition barring Luckett from residing”with any person in any place in which children or women reside [without] Court’s permission” neither unreasonable nor unconstitutionally overbroad. The court of appeals stresses that Luckett’s history “demonstrates domestic violence”… Read More

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court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br.; Reply Br. Conditional Jail Time “Applying the plain language of § 973.09(4)(a), it is clear that straight confinement time may be imposed as a condition of probation, and that although the trial court ‘may grant’ work-release privileges, it is not required to do so.” It follows… Read More

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