State v. Daniel S. Iverson, 2014AP515-FT, 10/9/14, District 4 (1-judge decision, ineligible for publication), petition for review granted 1/16/15; reversed, 2015 WI 101; case activity Iverson won a motion to suppress and dismissal of his first OWI. He prevailed again on appeal. Turns out the state trooper did not stop Iverson on suspicion of OWI. He… Read more
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State v. Fernando Ortiz-Mondragon, 2014 WI App 114, petition for review granted 12/18/14, affirmed, 2015 WI 73; case activity Ortiz-Mondragon’s trial counsel wasn’t ineffective under Padilla v. Kentucky, 559 U.S. 356 (2010), for failing to advise Ortiz-Mondragon that his convictions were “crimes involving moral turpitude” (CIMT) and would result in mandatory deportation and a permanent bar on reentry… Read more
Recently, Foley & Lardner’s appellate blog analyzed data on the Wisconsin Supreme Court’s 2013-2014 term and concluded that the court is not divided. Meanwhile, the Wisconsin Law Journal conducted its own analysis of the same period and ran the headline “Supreme splits deepen.” Well, which is it? SCOWstats takes a cold, hard look at the… Read more
State v. Robert A. Harris, 2014AP965-CR, District 2, 10/8/14 (1-judge; ineligible for publication); case activity There was reasonable suspicion that Harris was operating his motor vehicle while intoxicated and the length of Harris’s detention was not unreasonable. ¶8 Although the officer in this case testified at the suppression hearing that he stopped Harris’s vehicle due… Read more
Justin P. Brandl, 2014AP1036-CR, District 2, 10/8/14 (1-judge; ineligible for publication); case activity Even though police did not see any traffic violations or erratic driving, the totality of the circumstances gave rise to reasonable suspicion and made the stop of Brandl’s motorcycle lawful. ¶5 Brandl contends that because the officer did not observe any traffic violations or… Read more
State v. Jeramy J. Qualls, 2014AP141-CR, District 2, 10/8/14 (1-judge; ineligible for publication); case activity Without resolving the burning issue of whether ash from a cigarette violates the Village of Pleasant Prairie’s littering ordinance, the court of appeals holds that a police officer lawfully stopped Qualls’s car because he had reason to believe someone in the car… Read more
State v. Joel I.-N., 2014 WI App 119; case activity The unrecorded statement Joel I.N., a juvenile, gave to the police was admissible despite the fact the police failed to record the statement as required by §§ 983.195(2)(b) and 938.31(3)(b) because “exigent public safety circumstances” rendered recording his statement infeasible under § 938.31(3)(c)5. Joel also knowingly, intelligently, and voluntarily… Read more
Lopez v. Smith, USSC No. 13-946, 10/6/14 (per curiam), reversing Smith v. Lopez, 731 F.3d 859 (9th Cir. 2013); docket When a state prisoner seeks federal habeas relief on the ground that a state court, in adjudicating a claim on the merits, misapplied federal law, a federal court may grant relief only if the state court’s… Read more