Village of Fredonia v. Bruce A. Gossett, 2015AP298, District 2, 8/12/15 (one-judge decision; ineligible for publication); case activity (including briefs) Police need probable cause to believe the driver is operating while intoxicated before they can request a PBT from the driver of a noncommercial vehicle; but for a commercial driver, they can request a PBT if they detect “any… Read more
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State v. K.K., 2015AP986, 2015AP987, & 2015AP988, District 1, 8/11/15 (one-judge decision; ineligible for publication); case activity K.K. argued that in deciding to terminate her parental rights, the circuit court failed adequately to consider the harm resulting from severing the legal relationship between her and her children given the substantial relationship she had with them… Read more
State v. Randall Ray Madison, 2015AP451-CR & 2015AP452-CR, District 1, 8/11/15 (one-judge decision; ineligible for publication); case activity (including briefs) Madison, who was charged with violating a domestic abuse injunction obtained against him by L.M., wanted to testify that L.M. “stalks me.” (¶5). The trial court properly exercised its discretion in excluding this testimony. ¶11 … Read more
Wisconsin Carry, Inc. & Thomas Waltz v. City of Madison, 2015 WI App 74, petition for review granted 1/11/16, reversed 2017 WI 19; case activity (including briefs) The state statute preempting certain local firearm regulations, § 66.0409(2), doesn’t apply to the rule prohibiting weapons on city buses adopted by the Madison Transit and Parking Commission. The plain… Read more
Winnebago County v. Kelli M. Kosmosky, 2015AP585, District 2, 8/5/15 (one-judge decision; ineligible for publication); case activity (including briefs) A reasonable officer would be led to believe there was more than a possibility Kosmosky had been operating a motor vehicle while intoxicated under the facts presented, even though he didn’t know exactly when she operated… Read more
State v. Jacob A. Martinez, 2015AP272, District 2, 8/5/15 (one-judge decision; ineligible of publication); case activity (including briefs) Though there were multiple tests of the blood drawn from Martinez after his arrest for OWI—one for ethanol, two for THC (the second necessitated by the invalidity of the results of the first test)—the record and testimony… Read more
State v. James Michael Warren, 2014AP792-CR, District 3, 8/4/15 (one-judge decision; ineligible for publication); case activity (including briefs) Under State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), which was the law at the time of Warren’s arrest, a person must present their reasonable objection and the basis for the objection at the… Read more
State v. Kim M. Lerdahl, 2014AP2119-CR, District 3, 8/4/15 (one-judge decision; ineligible for publication); case activity (including briefs) In an interesting decision that sheds some light on how to apply the newly-adopted “reasonable mistake of law” doctrine to traffic stops, State v. Houghton, 2015 WI 79, ___ Wis. 2d ___, ___ N.W.2d ___, the court… Read more
