by admin
on April 28, 2014
State v. Dean M. Blatterman, 2013AP2107-CR, District 4, 4/24/14 (one-judge; ineligible for publication), petition for review granted 9/24/14, reversed, 2015 WI 46; case activity
You don’t see this very often. The court of appeals just reversed a circuit court decision denying a motion to suppress evidence of intoxication. The police performed field sobriety and blood tests after moving the suspect out of the general vicinity of the stop. This converted the stop into an arrest for which there was no probable cause.
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by admin
on April 28, 2014
City of Oshkosh v. Jonathan D. Berger, 2013AP2804, District 2, 4/23/14 (one-judge, ineligible for publication); case activity
Applying the settled test for deciding whether the police had probable cause to arrest for OWI, the court of appeals examined the facts and circumstances of this case and found probable cause.
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by admin
on April 27, 2014
State v. Casey D. Schwandt, 2013AP2775-CR, District 2, 4/23/14 (one judge; ineligible for publication); case activity
Schwandt’s knowledge about both the role attorneys play and their specialized training showed he made a valid waiver of counsel in a prior OWI case, despite his claim he was unaware of what an attorney could do for him in the particular case in which he waived counsel.
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by admin
on April 27, 2014
State v. Jameil A. Garrett, 2013AP1178-CR & 2013AP1179-CR, District 2, 4/23/14 (not recommended for publication); case activity: 2013AP1178-CR; 2013AP1179-CR
The circuit court did not sentence Garrett based on an “unwarranted assumption” that Garrett acted with intent to kill the victim of a strangulation offense. Thus, Garrett is not entitled to a new sentencing hearing.
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by admin
on April 26, 2014
State v. Brian Kempainen, 2014 WI App 53, petition for review granted 9/18/14, affirmed, 2015 WI 32; case activity
In this case, the circuit court dismissed 2 counts of sexual assault of a child against Kempainen because the charges failed to provide sufficient notice of when the assaults occurred thus violating due process. The court of appeals, clarifying the test in State v. R.A.R. and State v. Fawcett, reversed and held that the date of the crimes need not be precisely alleged.
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by admin
on April 25, 2014
Question presented:
Whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop.
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by admin
on April 25, 2014
Question presented:
Whether mere possession of a short-barreled shotgun should be treated as a violent felony under the Armed Career Criminal Act?
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by admin
on April 25, 2014
Navarette v. California, USSC No. 12-9490, 4/22/14, affirming People v. Navarette, No. A132343, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished); Scotusblog page (includes links to the briefs and commentary)
Validating the rationale employed by the Wisconsin Supreme Court in State v. Rutzinski, 2001 WI 22, 241 Wis. 2d 729, 623 N.W.2d 516, the U.S. Supreme Court upholds the stop of a vehicle based on a 911 caller’s report that the vehicle ran her off the road, even though the police officer who located and then followed the vehicle observed no improper or erratic driving.
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