State v. Rodney J. Ofte, 2021AP1302-CR, 4/21/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) After the State charged Ofte with OWI 2nd, he moved for suppression because Deputy Paulson had interrogated him in the back of a locked squad car without a Miranda warning. The circuit court suppressed all evidence from… Read more
a. Generally
State v. Anne E. Streckenbach, 2020AP345-CR, 12/7/21, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs) When a cop stopped Streckenbach for a traffic violation he observed signs of intoxication. He asked her the 24 questions that appear the DOT’s Alcohol/Drug Influence Report–questions that are usually asked after the driver has been arrested… Read more
State v. Brian v. Rotolo, 2019AP2061-CR, petition for review granted 12/28/20; case activity Issue presented (adapted from the petition for review): In State v. Lonkoski, 2013 WI 30, ¶6, 346 Wis. 2d 523, 828 N.W.2d 552, SCOW held that the test for Fifth Amendment Miranda custody is whether “a reasonable person would not feel free… Read more
State v. D.R.C., 2019AP1155, District 2, 5/13/20 (one-judge decision; ineligible for publication); case activity Police detained, initially handcuffed, patted down, and then questioned D.R.C. about his involvement in a car crash from which he had fled. The court of appeals holds the officers’ actions were part of an investigatory Terry stop and didn’t amount to… Read more
State v. Christopher J. Durski, 2018AP1750-CR, District 2, 8/21/19 (one-judge decision; ineligible for publication); case activity (including briefs) Durski was arrested at a motel, where he had decamped after a family dispute. In investigating the family dispute police learned Durski drank alcohol before leaving for the motel, so they tracked him down. Durski wasn’t in… Read more
State v. Mychael R. Hatcher, 2015AP297-CR, District 3, 8/16/16 (not recommended for publication); case activity (including briefs) Hatcher was convicted of sexually assaulting an intoxicated person, obstructing an officer, and bail-jumping. This 38-page court of appeals decision rejects claims that the trial court erred in refusing to accept Hatcher’s guilty plea, admitting expert testimony during… Read more
State v. J.T.M., 2015AP1585, 7/19/16, District 3 (one-judge decision; ineligible for publication); case activity A detective interrogated 16-year-old J.T.M. while he was in a juvenile residential facility without first giving Miranda warnings. Because J.T.M. was in custody and wasn’t given the warnings, his statement regarding a sexual assault allegation must be suppressed. Two inquiries are essential in determining whether… Read more
State v. Bradley L. Kilgore, 2016 WI App 47; case activity (including briefs) The execution of the search warrant at Kilgore’s home started with a heavily armed officers, including a SWAT team, entering and putting Kilgore down on the floor at gunpoint; but once the home was “cleared” and weapons were secured and the SWAT team… Read more
