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
1. Conditions
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
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
State v. Matthew O. Roach, 2011AP2105-CR, District 4, 5/17/12 court of appeals decision (1-judge, not for publication); for Roach: Brandon Kuhl; case activity Mootness Doctrine – Generally ¶8 n. 2: The State also contends that this issue is moot because the condition of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
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
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
court of appeals decision (1-judge; not for publication); for Luckett: Cheryl A. Ward; BiC; Resp.; Reply Extended Supervision Conditions ES condition barring Luckett from residing”with any person in any place in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
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