City of New Berlin v. Bryon R. Hrin, 2016AP239, District 2, 2/15/17 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court properly exercised its discretion in denying a mistrial after the arresting officer’s testified that, having completed the field sobriety tests, he “administered a preliminary breath test, PBT.” (¶4). In the course of deciding… Read more
admin
State v. Charles J. Hartleben, 2016AP1066-CR, District 3, 2/14/17 (not recommended for publication); case activity (including briefs) A defendant is denied due process at sentencing where the author of his PSI is married to the DA who prosecuted him. State v. Suchocki. Ditto where a counselor who assessed the defendant for his PSI also treated his… Read more
Village of Ashwaubenon v. Mark J. Bowe, 2016AP594, 2/14/17, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) Bowe argues that standard field sobriety tests constitute a 4th Amendment search. Thus, law enforcement needs probable cause, not reasonable suspicion, before asking a suspect to perform them. The court of appeals notes that it… Read more
State v. D.P.V., 2016AP2037, District 1, 2/14/17 (one-judge decision; ineligible for publication); case activity A circuit court does not have the authority to stay an order terminating parental rights. After a jury found grounds to terminate D.P.V.’s parental rights based on continuing CHIPS and failure to assume parental responsibility, the circuit court order his rights to… Read more
State v. Eric M. Doule, 2016AP1146-CR, District 3, 2/14/17 (one-judge decision; ineligible for publication); case activity (including briefs) The record supports the conclusion that Doule voluntarily consented to a blood draw after he was arrested for OWI. Doule was uncooperative after he was stopped for speeding and swerving. He continued to be uncooperative during the subsequent blood draw… Read more
State v. Rozerick E. Mattox, 2017 WI 9, on certification from the court of appeals, 2015AP158-CR, 2/14/17; case activity (including briefs) S.D. was found dead in circumstances strongly suggestive of a drug overdose. The police summoned the medical examiner, who eventually performed an autopsy. The examiner sent samples from S.D.’s body to a lab in… Read more
State v. Christopher Joseph Allen, 2017 WI 7, affirming a published court of appeals decision, 2014AP2840-CR, 2/9/17 ; case activity (including briefs) State v. Leitner, 2002 WI 77, 253 Wis. 2d 449, 646 N.W.2d 341 held that a sentencing court may consider all facts underlying an expunged record of conviction provided those facts are not obtained… Read more
Dodge County v. J.T., 2016AP613, District 4, 2/9/17 (one-judge decision; ineligible for publication); case activity The threats J.T. made in a letter provided sufficient evidence to find him dangerous to others under § 51.30(1)(a)2.b. J.T. was committed under ch. 51 after he emailed a letter to various people saying Governor Scott Walker has to be… Read more
