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I. Suppression hearings

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

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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

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court of appeals decision (1-judge, not for publication); for Franzen: Timothy J. Lennon; BiC; Resp.; Reply Suppression Hearing – Pleading Requirements for Evidentiary Hearing Suppression hearing isn’t required on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

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court of appeals decision (1-judge; not for publication); for Jenkins: Walter Arthur Piel, Jr.; BiC; Resp.; Reply Search & Seizure – Denial of Motion to Suppress without Evidentiary Hearing ¶2 n.2: Jenkins’ motion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

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court of appeals decision (i-judge; not for publication); for Rice: Tracey A. Wood; BiC; Resp.; Reply Search & Seizure – Denial of Motion to Suppress without Evidentiary Hearing ¶6        Regarding the applicability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

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Warrants – “Franks” Hearing

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

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State v. Guy W. Colstad, 2003 WI App 25 For Colstad: T. Christopher Kelly Issue/Holding: Expert testimony is not a prerequisite for admission of a PBT result at a suppression hearing. ¶29.  … Read more

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Suppression Hearing – State’s Waiver

State v. Harold C. Mikkelson, 2002 WI App 152 For Mikkelson: Michael Yovovich, SPD, Madison Appellate Issue: Whether the state waived an appellate argument in opposition to suppression by not raising it at the suppression hearing. Holding: ¶14 “The waiver rule serves several important objectives. Raising issues at the [circuit] court level allows the …. court… Read more

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