Click here for certification order; circuit court order affirmed, 2016 WI 1; click here for case activity Issue (composed by the court of appeals): This appeal raises an important issue of first impression regarding the constitutionality of a mental health treatment statute related to inmates within the Wisconsin state prison system. The question presented is whether… Read more
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State v. Mastella L. Jackson, 2015 WI App 49, petition for review granted, 10/8/15, affirmed, 2016 WI 56; click here for briefs This decision is SCOW bait. Police in Outagamie County engaged in what the court of appeals called “reprehensible” actions while interrogating the defendant. “Outraged” the circuit court suppressed the defendant’s statements to police and… Read more
State v. Dean M. Blatterman, 2015 WI 46, 5/5/15, reversing an unpublished court of appeals decision; opinion by Chief Justice Roggensack; case activity (including briefs) Though police moved Blatterman beyond the “vicinity” of the traffic stop and therefore exceeded the permissible scope of the stop, the detention of Blatterman was nonetheless reasonable because police had probable cause… Read more
State v. Andrew L. Jackson, 2015 WI App 45; case activity (including briefs) The standard established under State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997), for determining a defendant’s competency to represent himself does not violate Indiana v. Edwards, 554 U.S. 164 (2008), the court of appeals holds. The court also affirms… Read more
County of Sauk v. Thomas D. McDonald, 2014AP1921, District 4, 5/7/15 (one-judge decision; ineligible for publication); case activity (including briefs) McDonald was arrested for OWI and taken to the county jail, where his blood was drawn by a paramedic employed by the city’s ambulance service. Contrary to McDonald’s claims, his blood draw was constitutionally reasonable and… Read more
State v. Andrew J. Joda, 2014AP1949 & 2014AP1950, District 2, 5/6/15 (one-judge decision; ineligible for publication); case activity (including briefs) Given the trial court’s conclusion that Deputy Becker’s testimony was more credible than Joda’s testimony, the court factual findings are not clearly erroneous just because there was a discrepancy between Becker’s testimony and his written report and Becker was… Read more
Langlade County v. Casey Joseph Stegall, 2014AP2369, District 3, 5/5/15 (one-judge decision; ineligible for publication); case activity (including briefs) Reasonable suspicion does not require the presence of certain facts, or a certain number of facts; rather, “what constitutes reasonable suspicion is a common sense test: under all the facts and circumstances present, what would a… Read more
State v. Eric L. Nigl, 2014AP1876-CR, District 4, 4/30/15 (not recommended for publication); case activity (including briefs) Nigl challenged his conviction for a sex offender registry violation by attacking the validity of the juvenile delinquency disposition that required him to register. The court of appeals holds Nigl forfeited his challenge because he could have sought a waiver or stay… Read more
