State v. Brandon D Andre Burnside, 2013AP1293-CR, District 1, 4/29/14 (not recommended for publication); case activity Under the totality of the circumstances, a reasonable person in Burnside’s position would not have believed that he could stop police questioning and leave. Therefore, the statements he made to the police before they administered Miranda warnings must be suppressed… Read more
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Fond du Lac County v. Douglas L. Bethke, 2013AP2297, District 2, 4/30/14 (1-judge; ineligible for publication); case activity The circuit court did not erroneously exercise its discretion when it excluded evidence of particular crime lab errors that happened years before Bethke’s blood sample was analyzed. Before Bethke’s OWI trial the County moved to bar evidence that… Read more
Question presented: Whether Mr. Yates was deprived of fair notice that destruction of fish would fall within the purview of 18 U.S.C. § 1519, where the term “tangible object” is ambiguous and undefined in the statute, and unlike the nouns accompanying “tangible object” in section 1519, possesses no record-keeping, documentary, or informational content or purpose… Read more
Paroline v. United States, USSC No. 12-8561, 4/23/14, vacating and remanding In re Amy Unknown, 701 F.3d 749; Scotusblog page (includes links to the briefs and case commentary) Resolving a split among federal circuit courts about how to determine restitution in child pornography cases under 18 U.S.C. § 2259, the Supreme Court holds that where a defendant possessed… Read more
State v. Dean M. Blatterman, 2013AP2107-CR, District 4, 4/24/14 (one-judge; ineligible for publication), petition for review granted 9/24/14, reversed, 2015 WI 46; case activity You don’t see this very often. The court of appeals just reversed a circuit court decision denying a motion to suppress evidence of intoxication. The police performed field sobriety and blood tests… Read more
City of Oshkosh v. Jonathan D. Berger, 2013AP2804, District 2, 4/23/14 (one-judge, ineligible for publication); case activity Applying the settled test for deciding whether the police had probable cause to arrest for OWI, the court of appeals examined the facts and circumstances of this case and found probable cause. The facts were that Berger had been… Read more
State v. Casey D. Schwandt, 2013AP2775-CR, District 2, 4/23/14 (one judge; ineligible for publication); case activity Schwandt’s knowledge about both the role attorneys play and their specialized training showed he made a valid waiver of counsel in a prior OWI case, despite his claim he was unaware of what an attorney could do for him in the particular case… Read more
State v. Jameil A. Garrett, 2013AP1178-CR & 2013AP1179-CR, District 2, 4/23/14 (not recommended for publication); case activity: 2013AP1178-CR; 2013AP1179-CR The circuit court did not sentence Garrett based on an “unwarranted assumption” that Garrett acted with intent to kill the victim of a strangulation offense. Thus, Garrett is not entitled to a new sentencing hearing. Garrett was convicted of bail… Read more
