State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion Issue/Holding: Support for warrantless entry of a residence to effectuate an arrest may be found where the offense is jailable, even if a misdemeanor; State v. Mikkelson, 2002 WI App 152 overruled: ¶27 Our review of the reasoning of Mikkelson, as compared with that of Welsh and Santana, causes us to overrule Mikkelson and… Read more
B. Opinions
State v. Michael L. Popke, 2009 WI 37, reversing unpublished opinion For Popke: John Miller Carroll, Aaron W. Schenk Issue/Holding: Police had probable cause to believe Popke violated § 346.05, driving on right-side of highway: ¶16 In this case, the officer testified that he was sitting at a stop sign when the defendant turned left onto the road… Read more
State v. Mitchell A. Lange, 2009 WI 49, reversing unpublished opinion For Lange: Steven M. Cohen Issue/Holding: Probable cause to arrest for OWI was based on the following factors: ¶24 First, the driving that Officer Hoffman and Officer Penly witnessed is relevant. The driving was not merely erratic and unlawful; it was the sort of wildly dangerous driving… Read more
State v. Todd Lee Kramer, 2009 WI 14, affirming 2008 WI App 62 For Kramer: Stephen J. Eisenberg, Marsha M. Lysen Issue/Holding: ¶37 We conclude that Wagner had an objectively reasonable basis for deciding that a motorist may have been in need of assistance when he stopped behind Kramer’s vehicle. Kramer was parked on the side of… Read more
State v. Christopher S. Hoppe, 2009 WI 41, affirming 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue/Holding: A court may incorporate a plea questionnaire form into the guilty plea colloquy, but only up to a point: ¶32 The Plea Questionnaire/Waiver of Rights Form provides a defendant and counsel the opportunity to review together… Read more
State v. Tony Payano, 2009 WI 86, reversing 2008 WI App 74 For Payano: Patrick Cavanaugh Brennan Issue: Payano was convicted of shooting at police officers who entered his apartment under a no-knock warrant; he claimed self-defense (i.e., defending himself against unknown armed intruders); over objection, the State presented an informant’s testimony that the day before he had… Read more
State v. Michael L. Popke, 2009 WI 37, reversing unpublished opinion For Popke: John Miller Carroll, Aaron W. Schenk Issue / Holding: ¶26 In the case at hand, the officer had reasonable suspicion that the defendant was operating a motor vehicle while intoxicated. Similar to the specific and articulable facts observed by the officer in Post, the officer… Read more
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: ¶29 Berggren also argues that his statements were induced by promises of probation and treatment. This amounts to an argument that his statements were not voluntarily given. He contends that the detective questioning him conveyed: “the belief that… Read more
