State v. Myron C. Dillard, 2014 WI 123, 11/26/14, affirming a published court of appeals decision, 2013 WI App 108; majority opinion by Chief Justice Abrahamson; case activity Dillard accepted a plea bargain under which the state dropped a persistent repeater allegation, which carried a mandatory sentence of life without the possibility of release. But Dillard was never really… Read more
admin
Questions presented: 1. Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody. 2. Whether it was clearly established that, even where an exception to the warrant requirement applied, an entry into a residence could… Read more
State v. Ashley L. Eirich, 2014AP1901-CR, District 2, 11/26/14 (1-judge decision; ineligible for publication); case activity Saying that “[t]raining and experience do not turn police officers into drug-detection canines,” the court of appeals holds that probable cause to search a vehicle based on the odor of raw marijuana did not extend to a search of the… Read more
Kenosha County v. Blaire A. Frett, 2014 WI App 127; case activity State v. Melody P.M., 2009 AP2991 (WI App June 10, 2009), a 1-judge opinion, held that Wis. Stat. § 973.015 permits circuit courts to expunge civil forfeiture violations. Here, the court of appeals explicitly overrules Melody P.M. and holds that civil forfeiture violations may not be expunged. The court… Read more
Dane County DHS v. Christina L., 2014AP1437, District 4, 11/20/14 (1-judge decision; ineligible for publication); case activity There was a factual basis for Christina L.’s no contest plea to grounds for termination under § 48.415(10) because the child in this case, Aiden G-L., was “adjudged” CHIPS within three years of the involuntary termination of her parental rights to… Read more
City of Portage v. Kenneth D. Cogdill, 2014AP1492, District 4, 11/20/14 (1-judge decision; ineligible for publication); case activity Police had probable cause to believe Cogdill had been operating a motor vehicle while under the influence of an intoxicant based on the statements of witnesses, the officers’ own observations, and Cogdill’s statements. ¶8 Testimony at the [refusal]… Read more
Review of a per curiam court of appeals decision; case activity Issues (composed by SCOW). See order granting review. 1. Where a defendant seeks to plead guilty or no contest to a charge of operating a motor vehicle while under the influence of an intoxicant (OWI), or with a prohibited alcohol concentration (PAC), do State v. Bangert… Read more
State v. Fernando Moreno-Acosta, 2014 WI App 122; case activity While § 943.201(2) requires the state to prove the defendant used personal identifying information belonging to an actual person, it need not prove that the defendant knew the information belonged to another “real, actual person.” Moreno-Acosta was accused of identity theft for using Kimberly Herriage’s social security number to… Read more
