Winnebago County v. William A.M., 2014AP977-FT, District 2, 9/10/14 (1-judge; ineligible for publication); case activity The evidence at trial was sufficient to prove William was dangerous under § 51.20(1)(a)2.c., which requires a showing of “such impaired judgment, manifested by evidence of a pattern of recent acts or omissions, that there is a substantial probability of physical impairment… Read more
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State v. Elisa Estrada, 2013AP2803-CR, District 2, (not recommended for publication); case activity Estrada did not challenge the legality of the law enforcement’s decision to stop her vehicle for a traffic violation. Her appeal focused on the decision to extend the stop longer than necessary to address a suspended registration in order to investigate a… Read more
Waukesha County v. Steven R.C., 2014AP1032-FT, District 2, 9/10/14 (1-judge; ineligible for publication); case activity The failure to hold a probable cause hearing within 72 hours of Steven’s initial detention deprived the circuit court of competency to proceed, despite the County’s filing of a new petition within the 72-hour time period with new allegations. Steven was detained… Read more
Tiffany Hill v. D.C., 2014 WI App 99; case activity Because the plain language of § 813.125(3)(c) allows only one extension of a temporary restraining order, the circuit court lost competency to proceed when it extended the TRO twice. Under the two-part procedure for harassment injunctions, a party first seeks an ex parte TRO, and then the court holds a final… Read more
State v. Travis Daniel Thom, 2014AP613-CR, District 3, 9/9/14 (1-judge; ineligible for publication); case activity A police officer reasonably assumed a car was being driven by the owner where there was no additional information suggesting someone else was driving. An officer doing license plate checks noticed a car that came back registered to Thom. The officer was… Read more
Police had probable cause to arrest for operating with a detectable amount of a controlled substance
State v. Alpesh D. Shah, 13AP2755, District 1, 9/9/14 (1-judge; ineligible for publication); case activity Police officers’ observations of Shah and his driving supplied probable cause to arrest Shah for operating with a detectable amount of a restricted controlled substance in his or her blood. Shah was stopped after he sped by two police cars and was… Read more
State v. Kim B. Simmelink, 2014 WI App 102; case activity The court of appeals holds that § 939.74(2)(b)’s extended statute of limitation for certain theft charges runs from actual discovery of the theft, and not from when the theft should have been discovered with the exercise of reasonable diligence. In 2006 authorities began investigating whether Simmelink… Read more
State v. Chase A.T., 2014AP260, District 4, 9/4/14 (1-judge; ineligible for publication); case activity A student’s tip to an assistant principal that a bathroom “smelled like marijuana smoke” and that a student named Chase walked out of the bathroom immediately before the tipster smelled the smoke provided reasonable grounds for the assistant principal to search… Read more
