State v. Xavier Grullon, 2016AP2404-CR, District 3, 11/28/17 (one-judge decision; ineligible for publication); case activity (including briefs) A tip from a 911 caller together with an officer’s observations provided reasonable suspicion for a traffic stop, holds the court of appeals. The anonymous caller reported seeing a man “dump” a Harley-type motorcycle, said the man had trouble getting… Read more
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State v. Willie Brownlee, Jr., 2015AP2319-CR, 11/21/17, District 1, (not recommended for publication); case activity (including briefs) Two officers stopped Brownlee after he drove his rental car through a red light. One officer approached the driver’s side, the other approached the passenger side occupied by Brownlee’s friend. Both smelled the distinct odor of burnt marijuana… Read more
At least three justices of the Supreme Court of the United states think so. The three (Sotomayor, Ginsburg, and Kagan) dissented from the court’s denial of certiorari in Reeves v. Alabama last week. Reeves had challenged his death sentence on the ground that his counsel had been ineffective in investigating and presenting potential mitigation evidence. He… Read more
Today’s edition of SCOWstats follows up on a forthcoming Vanderbilt Law Review article, State Criminal Appeals Revealed, which used a new dataset from the Bureau of Justice Statistics and the National Center on State Courts to examine state supreme court decisions in felony appeals. The article did not include Wisconsin cases, so SCOWstats supplies the… Read more
State v. James R. Stib, 2017AP3-CR, District 2, 11/15/17 (not recommended for publication); case activity (including briefs) Stib argues his traffic stop was unlawfully prolonged to conduct a dog sniff under Rodriguez v. United States, 135 S. Ct. 1609 (2015). Assuming Stib is correct, suppression of the evidence seized after the dog alerted is inappropriate under the good-faith exception… Read more
State v. Patrick H. Dalton, 2016AP2483-CR, petition for review 0f an unpublished court of appeals opinion granted 11/13/17; case activity (including briefs) Issues: 1. Under Missouri v. McNeely and Birchfield v. North Dakota, may a circuit court impose a harsher criminal punishment because a defendant exercised his constitutional right to refuse a warrantless blood draw? 2. Whether… Read more
State v. Kyle Lee Monahan, 2014AP2187, petition for review of an unpublished COA decision granted 11/13/17; case activity (including briefs) The parties and the state agree that the circuit court erred in excluding Kyle Monahan’s proffered GPS evidence from his trial; the only dispute in this appeal is whether that error is harmless beyond a… Read more
State v. R.G., 2017AP1078, District 1, 11/14/17 (one-judge decision; ineligible for publication); case activity After R.G.’s parental rights were terminated the child was removed from the care of D.L., the foster parent at the time of the TPR dispositional hearing and prospective adoptive parent, because D.L. was abusing the child. (¶¶5-6). A new disposition hearing isn’t… Read more
