State v. David Richard Turnpaugh, 2007 WI App 222 For Turnpaugh: David P. Geraghty, Michael Sosnay Issue/Holding: Reversal of the conviction for the crime on which the bail-jumping “was premised” also requires reversal of the bail-jumping conviction, ¶8. This isn’t to say that bail-jumping requires >conviction on the underlying offense, see, e.g., State v. Kelley L. Hauk, 2002 WI App… Read more
B. Published opinions
State v. Jeffrey L. Torkelson, 2007 WI App 272, PFR filed 11/30/07 For Torkelson: Timothy A. Provis Issue/Holding: The remedy for violation of the § 948.025(3) prohibition on charging multiple offenses in the same proceeding is limited to dismissal of the charges (not new trial): ¶26 … Wisconsin Stat. § 948.025(3) simply prohibits the State from… Read more
State v. Shawn B. Ebersold, 2007 WI App 232 For Ebersold: Lester A. Pines Issue: Whether message sent via Internet chat room supports prosecution for § 948.11(2)(am), verbally communicating harmful material to child. Holding: ¶9 In this case, the parties dispute whether Wis. Stat. § 948.11(2)(am) prohibits communication of a harmful description or narrative account to… Read more
State v. Pdero L. Nieves, 2007 WI App 189, PFR filed 7/6/07 For Nieves: Ralph Sczygelski Issue/Holding: ¶13 We conclude that probable cause to arrest for obstruction existed. An accumulation of factors contributed to Olsen’s suspicion that “Anthony Otero” was a false name which, in turn, led to the search. Olsen had been maintaining surveillance on… Read more
State v. Pedro L. Nieves, 2007 WI App 189, PFR filed 7/6/07 For Nieves: Ralph Sczygelski Issue/Holding: ¶9 For purposes of this appeal, the propriety of the initial traffic stop is not challenged. Rather, Nieves argues that he should not have been arrested for his “innocuous seatbelt violation.” He was not. Indeed, Wis. Stat. § 347.48(2m)(gm)… Read more
State v. Dwight M. Sanders, 2007 WI App 174, affirmed on different ground, 2008 WI 85 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: Police lacked probable cause to arrest for a drug offense under the following circumstances: ¶15 At the time the officers pursued Sanders into his home, the officers knew that the residence was located… Read more
State v. David M. Larsen, 2007 WI App 147, PFR filed 5/31/07 For Larsen: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether the emergency doctrine supports warrantless entry of a residence not merely to look for the victim but also to search for evidence that would lead to her location. Holding: ¶22 Larsen next contends that even… Read more
State v. David M. Larsen, 2007 WI App 147, PFR filed 5/31/07 For Larsen: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶20 Larsen first contends that because the officers had already conducted a thorough search of the home, they had no reason to believe that there was anyone inside in need of immediate assistance. We disagree… Read more
