State v. Aprylann Wuteska, 2007 WI App 157, PFR filed 6/14/07 For Wuteska: Mark H. Bennett Issue/Holding: The plain text of § 346.67(1)(a) requires the operator of a vehicle involved in an accident resulting in injury to a person or damage to a vehicle to identify him or herself as the operator: ¶13 Applying these principles, we… Read more
B. Published opinions
State v. Dawn R. Dartez, 2007 WI App 126, PFR filed 4/23 For Dartez: Bill Ginsberg Issue/Holding: The definition of “highway” for purposes of the hit-and-run statute, § 346.67(1), is found in § 340.01(22), ¶ n. 3… Read more
State v. Dawn R. Dartez, 2007 WI App 126, PFR filed 4/23 For Dartez: Bill Ginsberg Issue: Whether hit-and-run liability attaches to an accident occurring on private property. Holding: ¶13 In this case, as already noted, we are concerned with the meaning of “accident” in Wis. Stat. § 346.67(1) in conjunction with the requirement of “upon the highway”… Read more
State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: ¶7 … Because the implied consent law makes no provision for the right to counsel, an officer is correct to record a refusal if the arrestee insists on speaking to an attorney before answering.…¶8 … County of Ozaukee v. Quelle, 198… Read more
State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: Administering Miranda rights prior to the “Informing the Accused” caution applicable to OWI does not invalidate the latter (at least where the motorist is concurrently under arrest for a separate crime): ¶14 There is no dispute that Thomas read Kliss the Miranda warning… Read more
State v. Jonathan J. Hubbard, 2007 WI App 240, (AG’s) PFR filed 11/20/07 For Hubbard: Steven Zaleski Issue/Holding: The construction of “materially impaired” by State v. Waalen, 130 Wis. 2d 18, 27, 386 N.W.2d 47 (1986), clarifies the meaning of that OWI element: ¶9 In Waalen, … (t)he court stated that material impairment “exists when a person is incapable… Read more
State v. Steven L. Pfeil, 2007 WI App 241 For Pfeil: John P. Tedesco, SPD, Madison Appellate Issue/Holding: Time spent in custody of the (now-lapsed) division of intensive sanctions tolls the limitation period for prior convictions, § 939.62(2): ¶2 …. We conclude that supervision under the intensive sanctions program constitutes “actual confinement” within the meaning of… Read more
State v. Ryan W. Drew, 2007 WI App 213, PFR filed 9/27/07 For Drew: Steven Zaleski Issue/Holding: Analysis of admissibility of photo array ID remains unchanged by the new standard for show-ups set by State v. Tyrone L. Dubose, 2005 WI 126: ¶2 We conclude that Dubose did not alter the standard for determining whether admission of an… Read more
