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Questions presented: 1. Does an individual’s obligation to report suspected child abuse make that individual an agent of law enforcement for purposes of the Confrontation Clause? 2. Do a child’s out-of-court statements to a teacher in response to the teacher’s concerns about potential child abuse qualify as “testimonial” statements subject to the Confrontation Clause? Lower… Read more

Question presented: This Court has held that, during an otherwise lawful traffic stop, asking a driver to exit a vehicle, conducting a drug sniff with a trained canine, or asking a few off-topic questions are de minimis intrusions on personal liberty that do not require reasonable suspicion of criminal activity in order to comport with the… Read more

State v. Micah J. Snyder, 2013AP299-CR, 10/2/14, District 4 (1-judge opinion, ineligible for publication); case activity Based on County of Grant v. Vogt, decided just 2 months ago, the court of appeals reversed the circuit court’s decision to grant Snyder’s suppression motion in this OWI case. The court of appeals held that Snyder was not “seized” when a… Read more

Portage County DHHS v. Shannon M., 2014AP1259-1260, 10/2/14, District 4 (1-judge opinion, ineligible for publication); case activity A jury found grounds–abandonment and continuing CHIPS–to terminate Shannon’s parental rights to her  children.  But the circuit court became worried that the jury might have viewed Shannon’s conduct very differently if it had known that the court had… Read more

State v. Jody A. Bolstad, 2014AP915-CR, 10/2/14, District 4, (1-judge opinion, ineligible for publication); case activity Bolstad shot a deer decoy from the window of his friend’s pick-up truck while a DNR warden was watching.  Afterwards, while sitting in a DNR car, he confessed to the warden and signed a written statement. The State charged… Read more

State v. Charles L. Chew, 2014 WI App 116; case activity In its first decision addressing Wisconsin’s recently adopted “castle doctrine,” § 939.48(1m), the court of appeals holds Chew wasn’t entitled to a self-defense jury instruction under the statute because the men Chew shot at were not “in” his “dwelling.” Chew’s ex-girlfriend, accompanied by her new boyfriend Lee and his… Read more

State v. Jeremiah R. Popp & Christopher A. Thomas, 2014 WI App 100; case activity: Popp; Thomas The search warrant for the home shared by Popp and Thomas was invalid because the primary basis for the warrant was derived from observations made by police when they trespassed on the defendants’ property and peered into their windows. After… Read more