State v. Deborah K. Salzwedel, 2014AP301-CR, District 4, 9/4/14 (1-judge; ineligible for publication); case activity The circuit court’s finding that Salzwedel’s act of turning without signaling affected the movement of other traffic was not clearly erroneous, and therefore the officer had a reasonable basis to stop Salzwedel for violating § 346.34(1)(b). ¶13 I uphold… Read more
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State v. James E. Grant, 2013AP1829-CR & 2013AP1830-CR, District 4, 9/4/14 (1-judge; ineligible for publication); case activity: 2013AP1829-CR; 2013AP1830-CR Two of the three arguments made in Grant’s appellate brief were sufficiently stated to survive the state’s motion to strike, but they are ultimately too undeveloped to address under State v. Pettit, 171 Wis. 2d 627… Read more
State v. Deshun Latrell Bannister, 2013AP2679-CR, District 1, 9/3/14 (not recommended for publication); case activity A claim that trial counsel was ineffective for failing to file a timely alibi notice founders on the lack of prejudice, as there’s nothing in the record showing what the alibi witness would have said had she been allowed to testify… Read more
State v. Eugene P., 2014AP361, 2014AP362 & 2014AP363, District 1, 9/3/14 (1-judge; ineligible for publication); case activity: 2014AP361; 2014AP362; 2014AP363 Allowing a doctor to testify at a CHIPS trial that the children’s injuries were the result of abuse was harmless because there was overwhelming evidence to support the jury’s verdict. The state filed CHIPS petitions alleging Eugene’s three children were in… Read more
Milwaukee County v. Rebecca G., 2014AP359, District 1, 9/3/14 (1-judge; ineligible for publication); case activity Rebecca’s appeal of her ch. 51 commitment is dismissed as moot because the six-month commitment order expired while the appeal was pending and the County didn’t seek an extension. A court may decide a case even though it’s moot if: the issue presented is of… Read more
You don’t have to guess. Answers to these and other intriguing statistical questions about the Supreme Court of Wisconsin may be found in the latest edition of SCOWstats. For the 15-year period covering 1998-2013, SCOW reversed 77% of pro-defendant lower court rulings and just 24% of pro-State rulings. Of course, the composition of the court changes over time, so it’s… Read more
State v. Thomas W. Koeppen, 2014 WI App 94; case activity A “motor bicycle” is a bicycle with a motor added, and can be either pedaled or self-propelled using the motor, § 340.01(30). Whether a person can be charged under the OWI/PAC statute based on his operation of a motor bicycle depends on whether a motor bicycle is a “motor vehicle”… Read more
State v. Victor J. Godard, 2014AP396-CR, District 4, 8/28/14 (1-judge; ineligible for publication); case activity The arresting officer provided Godard with accurate information about the implied consent law and thus did not cause Godard to refuse to submit to the implied consent blood test or deny him his right to a second test. Applying the three-part test for the… Read more
