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2006-07 Term

State v. Samuel Nelis, 2007 WI 58, affirming unpublished decision For Nelis: Robert A. Ferg Issue/Holding: ¶45      Although Steve Stone testified at trial, Nelis argues that Steve Stone did not have the opportunity to explain or deny his alleged oral statements because the State did not examine him concerning such statements, and the oral statements… Read More

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State v. Mark D. Jensen, 2007 WI 26, on bypass For Jensen: Craig W. Albee Issue/Holding: ¶24      We note that there is support for the proposition that the hallmark of testimonial statements is whether they are made at the request or suggestion of the police. See State v. Barnes, 854 A.2d 208, 211 ( Me… Read More

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State v. Steven P. Muckerheide, 2007 WI 5, affirming unpublished opinion For Muckerheide: Mark S. Rosen Issue/Holding: On a trial of homicide by intoxicated use of a motor vehicle, § 940.09(1)(b), where the defense was that the death would have occurred anyway because the deceased grabbed the wheel just prior to the accident, evidence that the deceased “had… Read More

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State v. Robert E. Post, 2007 WI 60, reversing unpublished decision For Post: T. Christopher Kelly Issue/Holding1: Weaving within lane of travel doesn’t support bright-line rule justifying stop for suspicion of drunk driving: ¶14      The State contends that Sergeant Sherman had reasonable suspicion to stop Post. It advocates the view that repeated weaving of a motor vehicle within… Read More

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State v. Robert E. Post, 2007 WI 60, reversing unpublished decision For Post: T. Christopher Kelly Issue/Holding:  ¶28 As in Waldner, the police officer in the present case did not observe any actions that constituted traffic violations or which, considered in isolation, provided reasonable suspicion that criminal activity was afoot. However, when considered in conjunction with all… Read More

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Frisk of Automobile – Generally

State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15 For Johnson: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶23      In Pennsylvania v. Mimms, 434 U.S. 106 (1977), and Michigan v. Long, 463 U.S. 1032 (1983), the United States Supreme Court applied the principles of Terry to the validity of protective searches executed during a roadside stop. In Mimms… Read More

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State v. David Allen Bruski, 2007 WI 25, affirming 2006 WI App 53 For Bruski: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: Bruski did not establish an expectation of privacy in the automobile from which evidence was seized, where his only connection to the automobile was that he had passed out in it; further, he did not know… Read More

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State v. David Allen Bruski, 2007 WI 25, affirming 2006 WI App 53 For Bruski: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶23 Whether an individual had a reasonable expectation of privacy in an area subjected to a search depends on two prongs. Smith v. Maryland, 442 U.S. 735, 740 (1979); Dixon, 177 Wis. 2d at 468. First, whether the… Read More

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