State v. Michael Pruett Rudolf, 2022AP157, 10/31/23, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) An officer saw Rudolf swerve over the fog line and nearly strike the curb several times. Rudolf then drove lawfully for 3/4 of a mile before pulling into the parking lot of a closed auto dealership at… Read more
1. Stops, in general
City of Whitewater v. Douglas E. Kosch, 2022AP800, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs) Although Kosch throws the kitchen sink at his OWI and refusal convictions, COA methodically works through his myriad challenges on a path toward affirmance. This OWI case begins with a 911 call from a motel… Read more
State v. Michael A. Wilson, 2022AP1099, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available) Despite some procedural quirks, the Court of Appeals wastes no time in affirming what turns out to be a relatively straightforward refusal conviction. Wilson appeals a conviction for refusing to take an evidentiary test following his arrest… Read more
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
State v. Jonathan M. Mark, 2022AP001739-CR, 5/10/23, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) While at a Kwik Trip investigating an unrelated incident, an officer spotted Mark whom he believed to be the subject of an outstanding warrant. When the officer conducted a Terry stop, Mark resisted and wound up pleading… Read more
State v. Donte Quintell McBride, 2021AP311-CR, state’s petition to review an unpublished court of appeals decision granted, 4/18/23; affirmed, 2023 WI 68 case activity (including briefs, PFR, and response to PFR) Issues (from the State’s PFR): 1. When reviewing a motion to suppress, what is the proper application of the “clearly erroneous” standard of review? 2… Read more
State v. Antwan Eugene Gill, 2022AP654-Cr, 4/6/23, (1-judge opinion, ineligible for publication), case activity (including briefs) Gill was convicted for possession of THC and for operating a vehicle with a detectable amount of THC in his blood. He argued that his trial lawyer was ineffective for failing to move for suppression of the results of… Read more
State v. Jeffrey D. Kosmosky, 2022AP1754-CR, District 2, 3/29/23 (one-judge decision; ineligible for publication); case activity (including briefs) The officer who stopped the car Kosmosky was driving for speeding had reasonable suspicion to extend the stop by having Kosmosky get out of the car and do FSTs. Kosmosky was stopped for driving 43 m.p.h. in… Read more
