Dane County v. Brenna N. Weber, 2017AP1024, District 4, 1/11/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Weber was legitimately stopped for speeding, but argues there was insufficient basis for the officer to extend the traffic stop to conduct field sobriety tests. The court of appeals holds the totality of the circumstances justified the continued detention. [continue reading…]
State v. Frederick S. Smith, 2018 WI 2, 1/9/18, reversing an unpublished court of appeals opinion; case activity (including briefs)
This 60-page, 4-3 decision authorizing an officer to continue a traffic stop even after he realizes that he does not have reasonable suspicion is worth reading. Justice Kelly says the result sends “a tremor through the Foundation of the Fourth Amendment” and should “shock” you. Opinion, ¶67, ¶79. It certainly appears to contradict Rodriguez v. United States, 135 S. Ct. 1609 (2015) and should make for a great cert petition. [continue reading…]
State v. Michael L. Washington, 2018 WI 3, 1/9/18, affirming a published court of appeals decision; case activity (including briefs)
The supreme court determines that, despite the absence of any colloquy, a defendant who was not present for his trial waived his statutory right to be there. [continue reading…]
State v. Mario Douglas, 2018 WI App 12; case activity (including briefs)
Douglas got inaccurate advice about the prison time he faced if he went to trial instead of taking the State’s plea offer. The inaccurate advice makes his plea invalid. [continue reading…]
State v. A.S., 2017AP1349, District 1, 1/9/18 (one-judge decision; ineligible for publication); case activity
The circuit court properly exercised its discretion in refusing to adjourn the disposition hearing in A.S.’s termination of parental rights proceeding after A.S. failed to appear, and the subsequent termination order didn’t violate A.S.’s rights to be present and to participate in the hearing. [continue reading…]
State v. Terry Sanders, 2017AP636-CR, District 3, 1/9/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Sanders challenges his arrest for OWI, saying the officer lacked probable cause based on a “mixed bag” of facts that included inconclusive field sobriety tests and things an officer “would likely see [being done] by day by sober folks.” (¶9). The court of appeals does not agree. [continue reading…]
SCOW. State v. Delap: SCOW recently rejected the idea that the doctrine of hot pursuit always justifies a forcible warrantless entry into the residence of one suspected of minor criminal activity. See State v. Weber. But does the doctrine justify warrantless entry in this case, where . . . [continue reading…]
The State Public Defender’s biggest rival in the SCOWstats Fantasy League is a team called The Affirmed, which includes hot shots like Aiken & Scoptur, Axley Brynelson, Foley & Lardner, and Gass Weber Mullins. Guess which law firm The Affirmed recruited during the off season? The Wisconsin Institute for Law and Liberty. Gulp. Click here to see what the sportswriters’ preseason poll has to say about this development!
