State v. Richard S. Foley, 2014AP2601-CR, District 4, 4/30/15 (one-judge decision; ineligible for publication); case activity (including briefs) Detaining Foley in a squad car during a traffic stop was reasonable under the circumstances and didn’t transform the stop into an arrest. Foley and Thompson were riding their motorcycles when they were stopped by an officer who, after the… Read more
admin
Waushara County v. F.E.K., 2014AP2987, District 4, 4/30/15 (one-judge decision; ineligible for publication); case activity The evidence was sufficient to show F.E.K. was not competent to refuse medication or treatment because he received an appropriate explanation of the alternatives to medication and treatment. To prove that a person committed under ch. 51 is not competent to refuse… Read more
State v. Roddee W. Daniel, 2015 WI 44, 4/29/15, affirming and modifying a published court of appeals decision; opinion by Justice Bradley; case activity (including briefs) This opinion clarifies the procedure for determining the competency of a defendant during postconviction proceedings by holding that once the issue of a defendant’s competency has been raised, the state… Read more
State v. Michael R. Luedtke/State v. Jessica M. Weissinger, 2015 WI 42, 4/24/15, affirming two published decisions of the court of appeals: Luedtke; Weissinger; majority opinion by Justice Gableman; case activity (including briefs): Luedtke; Weissinger Brushing aside the argument that the Wisconsin Constitution’s due process clause provides greater protection to its citizens than the federal constituiton, the supreme… Read more
State v. Michael R. Luedtke/State v. Jessica Weissinger, 2015 WI 42, 4/24/15, affirming a published court of appeals decision; opinion by Justice Gableman; case activity (including briefs) The supreme court unanimously holds that § 346.63(1)(am), which prohibits operating a motor vehicle with a detectable amount of a restricted controlled substance in the blood, is a strict liability crime… Read more
State v. Michael R. Griep, 2015 WI 40, 4/23/15, affirming a published court of appeals decision; majority opinion by Justice Roggensack; case activity (including briefs) Opinion testimony by a qualified expert based on data produced by an unavailable forensic lab analyst doesn’t violate a defendant’s right to confrontation if the testifying expert formed an “independent” opinion based on a review of the unavailable analyst’s data. Griep… Read more
Dane County v. Thomas F.W., 2014AP2469, District 4, 4/23/15 (one-judge decision; ineligible for publication); case activity To extend a ch. 51 commitment, the County must prove the subject individual is a proper subject for treatment, which means showing he or she is “capable of rehabilitation,” §§ 51.01(17) and 51.20(1)(a)1. The court of appeals rejects Thomas’s… Read more
State v. Zach Geyer, 2014AP2625-CR, District 4, 4/23/15 (one-judge decision; ineligible for publication); case activity (including briefs) Under the totality of the circumstances, police had probable cause to arrest Geyer for OWI. ¶19 …. Based on the uncontested testimony at the suppression hearing, the deputies had strong reasons to believe that Geyer had recently been… Read more
