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F. Private search or seizure

State v. Johnathan L. Johnson, 2019AP1398, 9/9/20, District 3 (not recommended for publication); case activity (including briefs) Johnson was arrested for OWI in a McDonald’s parking lot. He’d ordered some food at the drive-through, and an employee had noticed his intoxication and called police. Johnson first argues that his order created a “fast food contract,”… Read More

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State v. Keith M. Abbott, 2020 WI App 25; case activity (including briefs) After losing a suppression motion, Abbott pled “no contest” to 2nd degree intentional homicide. The court of appeals affirmed the denial of suppression for some evidence and reversed it as to other evidence. It held that Abbott’s mental breakdown during questioning did… Read More

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State v. Ricardo L. Conception, 2016AP1282-CR, 3/28, District 2 (not recommended for publication); case activity (including briefs) Concepcion pled to 10 counts of possession of child pornography. The court of appeals affirmed the denial of his suppression motion because the search of his home was a private-party search, not a government search. It also held… Read More

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The 4th Amendment has been described by Conservative HQ as “one of the most important arrows in the quiver against bullying big government.” Because the government doesn’t just search and seize paper–it also goes after your cell phones, your Facebook account, your email (even when stored on Google’s server), your tweets, your DNA (by definition… Read More

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seventh circuit court of appeals decision Habeas Review – IAC/Suppression Claim, Generally  Under Strickland, Rann must show that his counsel’s performance was deficient and that the deficient performance prejudiced his defense. Grosshans, 424 F.3d at 590 (citing Strickland, 466 U.S. at 687). When reviewing claims of ineffective assistance of counsel in habeas petitions, however, we… Read More

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State v. Troy L. Cameron, 2012 WI App 93 (recommended for publication); case activity Prosecutorial Vindictiveness – Neither Presumptive or Actual for Increased Charges Following Rejected Plea Offer  Cameron failed to establish prosecutorial vindictiveness in the filing of an amended information containing additional charges, after he rejected a plea offer to the original information. State v. Johnson, 2000… Read More

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Search & Seizure – Private Action

County of Jefferson v. Karla J. Raue, 2010AP3131, District 4, 7/7/11 court of appeals decision (1-judge, not for publication); for Raue: Walter Arthur Piel, Jr.; case activity Act of bar patron (turning off car and taking key from Raue) was private, non-governmental action, therefore didn’t implicate Raue’s 4th amendment rights. State v. Butler, 2009 WI… Read More

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Waupaca County v. Heather M. Krueger, 2010AP1290, District 4, 3/10/11 court of appeals decision (1-judge, not for publication); for Krueger: John M. Carroll; case activity Citizen’s detention of driver (for suspected drunk driving) until police arrived to effectuate probable cause-based arrest can’t support suppression of evidence because no state action was involved. ¶5        Krueger seeks suppression of… Read More

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