State v. Scott R. Jensen, 2007 WI App 256; prior history: State v. Scott R. Jensen, 2004 WI App 89,affirmed, 2005 WI 31 For Jensen: Robert H. Friebert, Matthew W. O’Neill Issue/Holding: ¶36 We agree with the State that the testimony of Jensen’s defense witnesses as to the practices of both Democrats and Republicans in the legislature of using… Read more
B. Published opinions
State v. Christopher D. Sloan, 2007 WI App 146 For Sloan: Thomas E. Hayes Issue/Holding: Immaterial differences of memory don’t establish the “deliberate falsity or reckless disregard” for truth required to trigger a Franks hearing, ¶¶17-21; nor is such a hearing mandated in the absence of specific request, ¶22. … Read more
State v. Christopher D. Sloan, 2007 WI App 146 Issue/Holding: ¶26 The trial court here did not find a nexus in the affidavit between the items sought and the house to be searched. Nonetheless, the trial court concluded, in deference to the judge who signed the warrant, that “[t]here’s the good faith exception here. If… Read more
State v. Quantae T. Hines, 2007 WI App 39 For Hines: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: A defendant has a right to allocute during a reconfinement proceeding, the remedy for violation of which is resentencing, ¶¶18-20. The outcome is largely controlled by State v. John C. Brown, 2006 WI 131, which held that reconfinement is… Read more
State v. Kathy J. Johnson, 2007 WI App 41 For Johnson: Jeremy Perri, SPD, Milwaukee Appellate Issue: Whether DOC policy, for inmates under sentence commencing prior to July 26, 2003, to take no position on an ERP petition constitutes approval of the petition under Wis. Stat. § 302.05(3)(e). Holding: ¶8 Wisconsin Stat. § 302.05(3)(e) governs inmate petitions… Read more
State v. Thomas William Brady, 2007 WI App 33, PFR filed 2/13/07 For Brady: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: Where the target of a search was not at home when the police forcibly entered pursuant to a search warrant, their unannounced entry did not, although not authorized by the warrant, violate the fourth amendment. ¶13… Read more
State v. Dennis M. Gralinski, 2007 WI App 233 For Gralinski: Martin Kohler; Craig Powell, PFR filed 10/5/07 Issue: Whether use of the defendant’s credit card number to purchase online membership to a child pornography site established probable cause for a search warrant of the defendant’s home. Holding: ¶12 Gralinski argues that the special agent’s affidavit did… Read more
State v. Christopher D. Sloan, 2007 WI App 146 For Sloan: Thomas E. Hayes Issue/Holding: There was an insufficiently established “nexus” between the contraband found in a package and its return address to support a search warrant for that address: ¶31 What Hennen does not describe in his affidavit is critical to our analysis. He never tells the reader that… Read more
