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State v. Julie A. Bilquist, 2014AP426-CR, District 3, 9/23/14 (1-judge; ineligible for publication); case activity The totality of the circumstances justified extending Bilquist’s detention to investigate whether she was driving while intoxicated despite the lack of indicia—e.g., odor of an intoxicant; glossy, bloodshot eyes; slurred speech—suggesting she had consumed an intoxicant. ¶13      …. As our supreme court noted in… Read more

On review of a published court of appeals decision in Kempainen (case activity) and a per curiam decision in Hurley (case activity) Issues (adapted from the State’s  PFR in Hurley): Did the amended complaint charging repeated sexual assault of a child, which alleged that Hurley assaulted his stepdaughter at least 26 times over a five or six-year charging… Read more

On review of a published court of appeals decision; case activity Issue (adapted from Daniel’s PFR): 1. Under Wisconsin law, should the defendant bear the burden of proving incompetency? If so, is it by clear and convincing evidence or by a preponderance of the evidence? 2. When postconviction counsel questions the defendant’s competency, but the… Read more

On review of an unpublished, one-judge court of appeals decision; case activity Issues (composed by On Point): Whether the trial court was clearly wrong in finding that Cecil had not failed to assume parental responsibility for his infant son? Whether a parent’s expression of interest in his child equates to having a “substantial relationship” with… Read more

State v. Walter J. Kugler, 2014AP220, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity Kugler challenged his first OWI conviction by arguing that the state trooper who stopped him did not have the requisite probable cause and improperly requested, as a community caretaker, that he submit to a PBT (which he refused). The… Read more

State v. Travanti D. Schmidt, 2014AP718-CR, District 4, 9/18/14 (one-judge opinion, ineligible for publication); case activity And we do mean “spilled milk.” A jury convicted Schmidt, an inmate, of disoderly conduct for spilling milk on a prison guard. Defense counsel did not object to the admission of a videotape showing the incident from a side view, some… Read more

State v. Andrew J. Kuster, 2014AP109-CR, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity This seemingly run-of-the-mill OWI appeal has an interesting little wrinkle.  The police conducted a warrantless blood draw on Kuster before SCOTUS decided Missouri v. McNeely, 569 U.S.__, 133 S.Ct. 1552 (2013), but they didn’t have the blood tested until… Read more