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2. Traffic stops

COA rejects challenges to OWI refusal

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

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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

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State v. Noah D. Hartwig, 2022AP1802, 3/30/23, District 4; (one-judge decision; ineligible for publication) case activity (including briefs) On an early evening in January, an officer noticed an unoccupied car parked in the lot of a public boat launch. She observed a purse in the vehicle and contacted dispatch to see if she could find… Read more

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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

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State v. Adekola John Adekale, 2022AP1351, 3/9/20223, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Adekale’s vehicle for speeding and having a bad taillight. Adekale parked his car in a parking lot on the south side of a Motel 6. There were six passengers in the car, who “kept… Read more

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State v. Linsey Nichole Howard, 2022AP1608-CR, District 2, 03/08/2023, (one-judge decision, ineligible for publication) case activity Prior to pleading guilty to operating a vehicle with a restricted, controlled substance as a second offense, Howard filed a motion to suppress, claiming that the arresting officer lacked probable cause. The court of appeals affirms the denial of… Read more

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State v. Kelly A. Monson, 2022AP1438-CR, District 2, 1/18/23 (one-judge decision; ineligible for publication); case activity (including briefs) There was reasonable suspicion to detain Monson and have her perform field sobriety tests. Officer Kramer saw Monson’s car stopped in traffic a full vehicle length back from a stop sign, something “out of the ordinary” that… Read more

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County of Winnebago v. Ryan C. Kaltenbach, 2022AP794, District 2, 1/18/23 (one-judge decision; ineligible for publication); case activity (including briefs) Though this is a “close case” (¶¶4, 11), the facts are sufficient to establish reasonable suspicion to detain Kaltenbach to have him perform field sobriety tests. Kaltenbach was stopped shortly after midnight because one of… Read more

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