State v. Travis Deon Williams, 2014AP2064-CR, 2014AP2065-CR, 2014AP2066-CR, and 2014AP2067-CR, District 1, 2/10/15 (1-judge decision; ineligible for publication); case activity (including briefs) The prosecutor presented inaccurate information at Williams’s sentencing, but Williams hasn’t proven the circuit court relied on the information. At Williams’s sentencing for multiple counts of domestic abuse-related conduct toward Hamilton, his live-in girlfriend… Read more
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State v. William M. Gruber, 2014AP1069, 2/5/15, District 4 (1-judge opinion; ineligible for publication); click here for docket and briefs The court of appeals bills this as “a State Capitol protester case with a twist.” The “twist” is that Gruber was cited for disorderly conduct under one administrative rule whereas other protesters were cited for… Read more
City of Stevens Point v. Jared T. Lowery, 2014AP742, 2/5/15; District 4 (1-judge opinion; ineligible for publication); click here for docket and briefs It seems the City didn’t know of Lowery’s two prior OWI convictions when it charged him with, and obtained a conviction for, OWI first under a city ordinance. Only the State (not a city) may… Read more
State v . Randall L. Shepherd, 2014AP962, 2/5/15, District 4 (1-judge opinion; ineligible for publication); click here for docket and briefs A another day. Another challenge to a pre-McNeely warrantless blood draw bites the dust. You know the routine. An officer takes a warrantless blood from a defendant. No exigent circumstances exist. Defendant moves to suppress. The State… Read more
State v. Rachel L. Huck, 2014AP2190-CR, District 3, 2/3/15 (1-judge decision; ineligible for publication); case activity (including briefs) Having stopped a vehicle on reasonable suspicion that the registered owner had a suspended license, the officer was entitled to continue the detention to ask the driver—who clearly wasn’t the registered owner—for his driver’s license. The officer stopped Huck’s car… Read more
State v. Benjamin J. Strohman, 2014AP1265-CR, District 3, 2/3/15 (1-judge decision; ineligible for prosecution); case activity (including briefs) Rejecting the state’s arguments that the statute of limitation had been tolled, the court of appeals holds the state could not re-charge Strohman for an OWI offense that was improperly treated as a first offense because the time… Read more
State v. Tyler M. Pasch, 2014AP1193-CR, District 3, 2/3/15 (1-judge decision; ineligible for publication); case activity (including briefs) Another day, another decision holding the good-faith exception to the exclusionary rule applies to blood drawn without a warrant or exigent circumstances because the blood draw happened before Missouri v. McNeely, 133 S. Ct. 1552 (2013), effectively overruled State… Read more
State v. Annette Morales-Rodriguez, 2014AP1438-CR, District 1, 2/3/15 (not recommended for publication); click here for briefs A defendant must assert that she was denied her constitutional right to the counsel of her choice before trial, not after. Also, an attorney clears the “deficient performance” prong of an ineffective assistance of counsel claim where he withdraws… Read more
