Village of Chenequa v. Chad C. Schmalz, 2015AP94-FT, District 2, 4/22/15 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of Schmalz’s car was not supported by reasonable suspicion or justified by the community caretaker doctrine. The Village argues the stop was reasonable based on: (1) the time of day and day of the week… Read more
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Rodriguez v. United States, USSC No. 13-9972, 2015 WL 1780927 (April 21, 2015), reversing United States v. Rodriguez, 741 F.3d 905 (8th Cir. 2014); Scotusblog page (includes links to briefs and commentary) Some lower courts have held that police may briefly prolong a completed traffic stop in order to conduct a dog sniff. The Supreme Court rejects that… Read more
State v. Jennifer L. Wilson, 2014AP2358-CR, District 3, 4/21/15 (one-judge decision; ineligible for publication); case activity (including briefs) A person’s presence in an area with frequent calls for drug activity and a suspected drug house is not, by itself, enough to justify an investigative stop of the person; the police must have particularized information that the… Read more
What a difference 18 years makes. In 1995-96, SCOW issued 75 decisions. A whopping 87% of them were unanimous. Abrahamson was in the majority 90% of the time. And the average number of days from oral argument to decision was 86. Now consider last term: 2013-14. SCOW issued just 61 decisions. Only 39% of them were… Read more
Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by On Point): Did the community caretaker rule authorize police to conduct a “protective sweep” of a home even though the person who needed assistance had already been identified and transported to a hospital for treatment? This case doesn’t appear to… Read more
Review of an unpublished court of appeals decision; case activity Issue (composed by On Point): Do §§ 48.415(2)(a)1. and 48.356(2) require the final CHIPS order filed before a TPR petition warn the parent about grounds for termination and the conditions for return or the child, or is it sufficient that the parent was given “adequate notice”… Read more
Village of DeForest v. Michael Brault, 2014AP2398, District 4, 4/16/16 (one-judge decision; ineligible for publication); case activity (including briefs) Brault’s challenge to the sufficiency of the evidence for his conviction for OWI 1st is frivolous, so sanctions under Rule 809.25(3) are appropriate. Brault claimed the evidence was insufficient because the circuit court’s verdict relied on the arresting… Read more
State v. Frank D. Roseti, 2014AP2299-CR, District 2, 4/15/15 (one-judge decision; ineligible for publication); case activity (including briefs) A claim that trial counsel was ineffective for failing to object to an alleged discovery violation falls short because the defendant does not develop an argument as to why an objection would have prevailed. ¶9 …. In his postconviction motion, Roseti complains trial… Read more
