City of Chippewa Falls v. Douglas M. Buchli, 2014AP1422, District 3, 12/23/14 (1-judge decision; ineligible for publication); case activity There was probable cause to arrest Buchli for OWI despite the fact the police investigation discovered inconsistent information—including an admission by Buchli’s companion, Mahoney, that she was driving. ¶18 In denying the motion to suppress, the [circuit]… Read more
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City of Brookfield v. Cassandra L. Gissal, 2014AP1751-FT, District 2, 12/23/14 (1-judge decision; ineligible for publication); case activity At trial Gissal challenged the admissibility of her statements to police because she wasn’t given Miranda warnings, but the trial court ruled she wasn’t in custody for Miranda purposes. On appeal she abandons this claim and argues instead that allowing the officer… Read more
Our very own Mike Tobin reports on last Thursday’s big win on expunction in SCOW. See Mike’s article for the Collateral Consequences Resource Center here. Will Chief Justice Abrahamson lose her job in 2015? Click here for more. AAG gets bench slapped because appellate record literally emits foul stench. Click here. Are plea bargains confessions? Brandon… Read more
Review of two court of appeals decisions (one published, one unpublished) that will be argued together. State v. Shata (case activity) and State v. Ortiz-Mondragon (case activity) Issue in Shata (composed by On Point) Whether the defendant, a foreign national, should be permitted to withdraw his guilty plea because his trial counsel failed to provide… Read more
Court of appeals request for certification granted; case activity Issue (per court of appeals certification) Whether, under the circumstances of this case, a suffiency of the evidence challenge requires an appellate court to measure the evidence against the instructions the jury received, as the court did in State v. Wulff, 207 Wis. 2d 143, 557 N.W.2d 813… Read more
State v. Kearney W. Hemp, 2014 WI 129, 12/18/14, reversing a published court of appeals decision; opinion by Justice Gableman; case activity At last, a unanimous SCOW decision settles how §973.015 is really supposed to work. Upon a young person’s successful completion of a sentence or probation, the detaining or probationary authority must issue a… Read more
State v. Aaron J. Fuchs, 2014AP1041-CR, District 4, 12/18/14 (1-judge decision; ineligible for publication); case activity In assessing reasonable suspicion to detain Fuchs, police properly considered an allegation that Fuchs had been acting in “a violent and intoxicated” manner at a wedding reception before his contact with police; and based on all the circumstances, police had… Read more
State v. Geoffrey A. Herling, 2014AP565-CR, District 4, 12/18/14 (not recommended for publication); case activity The circuit court did not err by requiring Herling to prove by clear and convincing evidence that he had amnesia that prevented him from mounting an adequate defense. A defendant may be denied a fair trial if he has amnesia that deprived him of… Read more
