State v. Jimmie G. Minett, 2014 WI App 40; case activity Issue: Whether under State v. Popenhagen, 2008 WI 55, 309 Wis. 2d 601, 749 N.W.2d 611, suppression of evidence discovered during a strip search may be a remedy for violation of § 968.255? Holding: “No,” said the court of appeals. Popenhagen simply abrogated case law that… Read more
B. Published opinions
State v. Patrick E. Gordon, 2014 WI App 44; case activity The circuit court’s findings—Gordon was in a high-crime area; he and his friends “recognized the police presence”; and, as a result, Gordon engaged in a “security adjustment,” which is “a conscious or unconscious movement that an individual does when they’re confronted by law enforcement… Read more
State v. Daniel M. Hirsch, 2014 WI App 39; case activity The equal protection clause isn’t violated by § 343.307(1)(d)‘s differing treatment of Wisconsin and out-of-state” zero tolerance” OWI offenses (which penalize drivers under the legal drinking age who drive with any alcohol concentration). Hirsch had two prior driver’s license suspensions for violation Illinois’s zero tolerance law… Read more
Robert W. Evans, Jr., v. Wisconsin Dep’t of Justice, 2014 WI App 31, overruled by Doubek v. Kaul, 2022 WI 31; case activity A conviction for disorderly conduct under § 947.01 may qualify as a “misdemeanor crime of domestic violence” under 18 U.S.C. § 921(a)(33)(A), thus depriving the defendant of the right to possess a firearm. Evans’s… Read more
State v. Lee Thomas Lasanske, 2014 WI App 26; case activity In a decision that may finally settle the issue of how to bifurcate enhanced misdemeanor sentences, the court of appeals holds that § 973.01(2)(c)1.’s prohibition against using an enhancer to increase a period of extended supervision does not apply to enhanced misdemeanor sentences. Instead, enhanced misdemeanor… Read more
State v. William A. Reese, 2014 WI App 27; case activity The results of a driver’s blood test should not be suppressed even if they were obtained without a warrant and in the absence of exigent circumstances in violation of Missouri v. McNeely, 133 S. Ct. 1552 (2013), because the arresting officer acted in good faith… Read more
State v. Michael R. Griep, 2014 WI App 25, petition for review granted, 8/5/14, affirmed, 2015 WI 40; case activity Griep’s right to confront the witnesses against him was not violated by allowing the supervisor of an unavailable lab analyst to testify to his opinion about the defendant’s BAC based entirely on the report prepared by… Read more
State v. Herbert O. Richard, 2014 WI App 28; case activity Richard is entitled to an evidentiary hearing on his petition for discharge because the independent psychologist’s opinion that amendments to the Static-99 show Richard’s risk to reoffend is below the legal threshold constitutes a fact on which a court or jury may conclude that Richard… Read more
