State v. Patrick H. Dalton, 2016AP2483-CR, petition for review 0f an unpublished court of appeals opinion granted 11/13/17; case activity (including briefs) Issues: 1. Under Missouri v. McNeely and Birchfield v. North Dakota, may a circuit court impose a harsher criminal punishment because a defendant exercised his constitutional right to refuse a warrantless blood draw? 2. Whether… Read more
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State v. Kyle Lee Monahan, 2014AP2187, petition for review of an unpublished COA decision granted 11/13/17; case activity (including briefs) The parties and the state agree that the circuit court erred in excluding Kyle Monahan’s proffered GPS evidence from his trial; the only dispute in this appeal is whether that error is harmless beyond a… Read more
State v. R.G., 2017AP1078, District 1, 11/14/17 (one-judge decision; ineligible for publication); case activity After R.G.’s parental rights were terminated the child was removed from the care of D.L., the foster parent at the time of the TPR dispositional hearing and prospective adoptive parent, because D.L. was abusing the child. (¶¶5-6). A new disposition hearing isn’t… Read more
State v. Scott F. Ufferman, 2016AP1774-CR, District 3, 11/14/17 (one-judge decision; ineligible for publication); case activity (including briefs) Ufferman complains the trial court’s evidentiary rulings improperly stymied his defense against the charge of operating with a detectable amount of THC. The court of appeals holds the trial court’s rulings were correct. Ufferman was arrested and charged… Read more
State v. Keith J. Eggum, 2016AP2036-CR, District 2, 11/8/17 (one-judge decision; ineligible for publication); case activity (including briefs) And that factual finding dooms Eggum’s claim that his “noticeably disheveled” appearance made his trial unfair. Eggum’s complaint about the presence of extra officers for courtroom security fares no better. And topping it all off, Eggum’s First Amendment defense to the… Read more
State v. Jamie M. Srb, 2017AP307-CR, 11/9/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Srb objected to the admissibility of his BAC results at his OWI trial in part because the State submitted a summary of expert testimony that failed to indicate that its expert would testify about retrograde extrapolation. See §971.23(1)(e). The court… Read more
State v. David L. Miller, 2017AP685-CR, 11/9/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Miller moved to suppress evidence of OWI on the grounds that the deputy who stopped him lacked reasonable suspicion. The suppression hearing involved two types of evidence: (1) the deputy’s testimony, and (2) the squad video. Miller… Read more
State v. Matthew P. Elliott, 2016AP2363, 11/8/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) A police officer in his squad followed a vehicle from a bar for a short time before the vehicle turned into the parking lot of a closed restaurant. A couple minutes later, the officer returned and parked… Read more
