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
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Police had probable cause to arrest for operating with a detectable amount of a controlled substance
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
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
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State v. Deshun Latrell Bannister, 2013AP2679-CR, District 1, 9/3/14 (not recommended for publication); case activity A claim that trial counsel was ineffective for failing to file a timely alibi notice founders on the lack of prejudice, as there’s nothing in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
