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COA: Reports of domestic incident justified stopping vehicle as community caretaking function; extending stop to perform field sobriety tests permitted based on reasonable suspicion of OWI.
State v. Reichert, 2023AP1224, 8/14/24, District II (one-judge decision; ineligible for publication); case activity Roxanne Reichert appealed from a judgment of conviction after she pled no contest to operating a vehicle under the influence. She argued that the circuit court erred when it denied her motion to suppress evidence seized after she was stopped in […]
- 1. Stops, in general
- a. Field Sobriety Testing
- a. Informant
- 2. Traffic stops
- C. Unpublished Opinions
- C. Warrant unnecessary
- 4. Community caretaker
- G. Reasonable suspicion
- 35. Search & Seizure
- 46. WI Court of Appeals
August 15, 2024
Split decision from COA on challenge to IID condition of probation
State v. Thatcher R. Sehrbrock, 2022AP2153-CR, 8/8/24, District IV (authored); case activity Sehrbrock, convicted of robbery with use of force as PTAC, appeals the judgment of conviction and order denying his postconviction motion in which he challenged a condition of probation requiring that an ignition interlock device be installed on any motor vehicle that he […]
- 1. Conditions
- A. Type pf PCM
- A. Probation
- B. Trial court discretion
- 3. Harsh and excessive
- 4. 973.19, sentence mod.
- H. Modification/Review
- 29. Postconv. Motions
- 31. Probation/ES
- 36. Sentencing
August 14, 2024
1984 prior conviction admissible in first-degree sexual assault of a child trial under the prior conviction statute, § 904.04(2)(b)2.
State v. Kenneth W. Hill, 2022AP1718-CR, 8/6/24, District III (recommended for publication); case activity The state appealed after the circuit court denied its motion seeking to admit Hill’s 1984 conviction from Minnesota for “criminal sexual conduct in the first degree” pursuant to Wis. Stat. § 904.04(2)(b)2. at his trials for two counts of first-degree sexual […]
- 1. Appeals
- 3. Prejudice, 904.03
- 4. Character, 904.04
- c. "Greater latitude" rule
- D. Relevance, Ch. 904
- 10. Evidentiary decisions
- K. Standards of Review
- 15. Evidence
August 13, 2024
In published decision, COA holds that CR-215 procedure triggers attachment of right to counsel but denies relief given that law was “unsettled”
State v. Percy Antione Robinson, 2020AP1728-CR, 8/6/24, District I (recommended for publication); case activity In a published decision that criminal practitioners have been waiting on for years, COA holds that a CR-215 probable cause procedure used to satisfy the requirements of Riverside triggers the attachment of the Sixth Amendment right to counsel.
- 1. Appeals
- A. Right to counsel
- 1. Generally
- 1. Deficient performance
- 2. Prejudice
- B. Published opinions
- b. Not found
- b. Prejudice not found
- 2. Critical Stage
- C. Briefs/Appendices
- 4. Argument
- D. Ineffective Assistance
- h. Unpublished authority
- 8. Counsel, 6th Am.
- K. Standards of Review
- 26. Sufficiency of evidence
- Published 2024
- 28. Weight of authority
- 46. WI Court of Appeals
- Uncategorized
August 9, 2024
COA affirms discretionary termination order under deferential standard of review
State v. T.L., 2024AP859-863, 8/1/24, District I (one-judge decision; ineligible for publication); case activity In yet another TPR appeal challenging the circuit court’s discretionary termination order, COA affirms given the imposing standard of review.
- 1. Appeals
- C. Unpublished Opinions
- G. Disposition, Secs. 48.426-427
- 8. Discretionary decision
- K. Standards of Review
- 40. TPRs
- 46. WI Court of Appeals
August 7, 2024
COA affirms waiver of juvenile court jurisdiction
State v. J.C., 2024AP17, 7/30/24, District 1 (one-judge decision; ineligible for publication); case activity “Jacob” appealed from an order granting the state’s waiver petition on charges of first-degree reckless injury, first-degree recklessly endangering safety, and possession of a dangerous weapon. The COA affirms.
August 5, 2024
COA finds portions of juvenile suspect’s statements during marathon interrogation involuntary due to coercive interrogation techniques, but juvenile was not in custody for Miranda purposes; circuit court’s order suppressing all statements affirmed in part and reversed in part.
State v. Kruckenberg Anderson, 2023AP396-CR, 7/25/24, District IV (recommended for publication); case activity The tragic death of a newborn baby in the bucolic countryside of southwest Wisconsin prompted aggressive interrogation techniques by law enforcement that the Court of Appeals considered coercive in light of the suspect’s age of 16. But the court found that a […]
- A. In-Custody, 5th Amendment
- 1. Miranda custody
- 1. Generally
- a. Generally
- a. Police
- B. Published opinions
- C. Voluntariness
- d. Juvenile suspect
- 5. Coercion or misconduct
- 5. Confessions
- Published 2024
- 46. WI Court of Appeals
- Uncategorized
August 1, 2024
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