Marquette County v. Matthew J. Owens, 2016AP2176, District 4, 6/15/17 (one-judge decision; ineligible for publication); case activity (including briefs) Owens argues that a police officer’s driving was so careless or unlawful that it required Owens to react in a way that created reasonable suspicion to stop him. Not so, says the court of appeals. The… Read more
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State v. Diamond J. Arberry, 2016AP866-CR, 6/16/17, granting a petition for review of a published court of appeals decision; case activity (including briefs) Issues (composed by On Point) 1. When a defendant is eligible for expungement under § 973.015 but expungement is not addressed the sentencing hearing, can the defendant raise the issue in a postconviction motion… Read more
State v. Daniel H. Bartelt, 2015AP2506-CR, 6/15/17, granting review of a published court of appeals opinion; case activity (including briefs) Issues: 1. After confessing to an attempted homicide or other serious crimes, would a reasonable person feel free to terminate a police interview and leave an interrogation room, such that the person in not “in… Read more
State v. Edward J. Zimbal, 2017 WI 58, 6/14/17, reversing a per curiam court of appeals opinion, case activity (including briefs) Don’t get too excited about this victory. The majority, by A.W. Bradley, repeatedly notes that Zimbal’s late request for substitution of judge under §971.20(7) is deemed timely due to the “unique facts” of this… Read more
State v. Robert Joseph Stietz, 2017 WI 58, 6/13/17, reversing a per curiam decision of the court of appeals; case activity (including briefs) This case breaks no new legal ground, but simply reaffirms some long-standing rules governing when a trial judge should instruct a jury on self-defense: The defendant has only to meet the “low bar” of… Read more
State v. Shaun M. Sanders, 2015AP2328-CR, granting review of a published court of appeals decision, 6/13/17, case activity (including briefs Issue (copied from the petition for review): Can a person be criminally responsible for acts he allegedly committed before the age of original juvenile court jurisdiction? A jury convicted Sanders of enticement, incest, and child… Read more
City of Sheboygan v. John W. Van Akkeren, 2017AP120, 6/14/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Van Akkeren claims the officer who pulled him over did not have the requisite suspicion to administer a preliminary breath test. The court disagrees. Here, the circuit court did not err in determining that… Read more
State v. Cynthia Hansen, 2016AP2114-CR, 6/14/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Hansen beat up a car that was marital property between her and her wife. She pled to criminal damage to property of another; on appeal she claims, inventively, that the theft statute gave her the right to do just… Read more
