State v. Chad Allen Nelson, 2013Ap1926-CR, District 3, 1/22/14; court of appeals decision (1-judge; ineligible for publication); case activity Scene: The parking lot of Frosty’s Outpost, on County Road H in rural Bayfield County, 2:00 a.m. Police get a dispatch: Someone’s damaging a patron’s vehicle in the parking lot. Before an officer can respond dispatch sends… Read more
I. Suppression hearings
Florida v. Harris, USSC No. 11-817, 2/19/13 United States Supreme Court decision, overruling Harris v. Florida, 71 So. 3d 756 (2011) In a unanimous decision addressing the question of when a drug-sniffing dog’s alert constitutes probable cause, the Supreme Court overturned the Florida Supreme Court’s requirement that the state produce records of the dog’s reliability in… Read more
on review of published opinion; for Anagnos: Barry S. Cohen; case activity; prior post Traffic Stop – Reasonable Suspicion – OWI Refusal Hearing Challenge to Arrest Issues (composed by On Point): 1. Whether the officer could lawfully stop Anagnos’ vehicle for failing to use a turn signal where neither traffic nor pedestrians were present, § 346.34(1)(b). 2. Whether the officer… Read more
State v. Dimitrius Anagnos, 2011 WI App 118 (recommended for publication); for Anagnos: Barry S. Cohen; case activity; reversed, 2012 WI 64 Traffic Stop – No Turn Signal Failure to use a turn signal where neither traffic nor pedestrians are present doesn’t support a traffic stop: ¶9 Wisconsin Stat. § 346.34(1)(b) states that a driver must use a… Read more
court of appeals decision (1-judge, not for publication); for Franzen: Timothy J. Lennon; BiC; Resp.; Reply Suppression Hearing – Pleading Requirements for Evidentiary Hearing Suppression hearing isn’t required on motion which challenged probable cause to administer PBT but failed to specify the relief sought. ¶6 WISCONSIN STAT. § 971.30 deals with the… Read more
court of appeals decision (1-judge; not for publication); for Jenkins: Walter Arthur Piel, Jr.; BiC; Resp.; Reply Search & Seizure – Denial of Motion to Suppress without Evidentiary Hearing ¶2 n.2: Jenkins’ motion papers were inadequate and the circuit court would have been correct in denying him an evidentiary hearing. All Jenkins filed was a… Read more
court of appeals decision (i-judge; not for publication); for Rice: Tracey A. Wood; BiC; Resp.; Reply Search & Seizure – Denial of Motion to Suppress without Evidentiary Hearing ¶6 Regarding the applicability of [State v.] Garner [, 207 Wis. 2d 520, 558 N.W.2d 916 (Ct. App. 1996) to the present case, we find no published… Read more
State v. Christopher D. Sloan, 2007 WI App 146 For Sloan: Thomas E. Hayes Issue/Holding: Immaterial differences of memory don’t establish the “deliberate falsity or reckless disregard” for truth required to trigger a Franks hearing, ¶¶17-21; nor is such a hearing mandated in the absence of specific request, ¶22. … Read more
