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State v. Gregory L. Cundy, 2023 WI App 41, District 4; case activity (including briefs) A person called police and said they’d seen a particular vehicle back into a parked car at idle speed and then drive off. About 40 minutes later, an officer arrived at Cundy’s house, knowing that the suspect vehicle was registered… Read more

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State v. Thor S. Lancial, 2022AP146-CR, 1/5/22, District 3 (not recommended for publication); case activity (including briefs) A jury convicted Lancial of 10 counts of possession of child pornography. On appeal, he argued that (1) the State’s evidence was insufficient to support the conviction and (2) the circuit court erred in denying his motion to… Read more

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State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs) Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances. While this makes the arrest unlawful, the evidence obtained from the arrest is not subject to suppression because police had probable cause to… Read more

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State v. George Steven Burch, 2021 WI 68, on certification from the court of appeals, affirming the judgment of conviction; case activity (including briefs) We said in our post on the court of appeals’ certification that this case presented novel and important issues about searches of cell phones and their data. So we anticipated a decision addressing… Read more

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State v. Daniel J. Van Linn, 2019AP1317, review granted 4/27/21; case activity (including briefs) Issue presented: After Daniel Van Linn was arrested on suspicion of drunk driving, a sheriff’s deputy ordered his blood drawn for testing. This draw was illegal, and the circuit court excluded its fruit. After the suppression decision, the prosecutor applied for a subpoena… Read more

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State v. Scott E. Oberst, 2014 WI App 58; case activity The good faith exception to the exclusionary rule applies to evidence obtained during a period when binding Wisconsin appellate precedent permitted the warrantless installation of a global positioning system (GPS) device. Thus, even though the installation of the GPS device on the defendant’s vehicle was unconstitutional under United… Read more

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