State v. Philip B. Caminiti, 2013AP730-CR, District 4, 3/20/14; court of appeals decision (not recommended for publication); case activity The prosecution of Caminiti for conspiracy to commit child abuse, §§ 939.31 and 948.03(2)(b), based on his instructions to his congregants to use a rod to discipline their children did not violate his First Amendment rights to advocacy or… Read more
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State v. Jimmie G. Minett, 2014 WI App 40; case activity Issue: Whether under State v. Popenhagen, 2008 WI 55, 309 Wis. 2d 601, 749 N.W.2d 611, suppression of evidence discovered during a strip search may be a remedy for violation of § 968.255? Holding: “No,” said the court of appeals. Popenhagen simply abrogated case law that… Read more
State v. Patrick E. Gordon, 2014 WI App 44; case activity The circuit court’s findings—Gordon was in a high-crime area; he and his friends “recognized the police presence”; and, as a result, Gordon engaged in a “security adjustment,” which is “a conscious or unconscious movement that an individual does when they’re confronted by law enforcement… Read more
Joel D. Rhodes v. Michael Meisner, No. 13-C-0161 (E.D. Wis. Mar. 12, 2014) Judge Lynn Adelman of the U.S. District Court, Eastern District of Wisconsin, has ordered a new trial for Joel Rhodes, concluding that in State v. Rhodes, 2011 WI App 145, 337 Wis. 2d 594, 807 N.W.2d 1, the Wisconsin Court of Appeals… Read more
State v. Venceremos Crump, 2013AP2163-CR, District 1, 3/18/14; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court articulated its reasons for the sentence imposed on Crump as required by State v. Gallion, 2004 WI 42, ¶17, 270 Wis. 2d 535, 678 N.W.2d 197, in light of the court’s comments in its… Read more
Oconto County v. Robert E. Hammersley, 2013AP1263, District 3, 3/18/14; court of appeals decision (1-judge; ineligible for publication); case activity The 10-day time period to request a refusal hearing under § 343.305(10)(a) begins when the driver receives a copy of the notice of intent to revoke, not when the court receives a copy. Thus, where a notice of… Read more
State v. Delano W., 2013AP2445 & 2013AP2446, District 1, 3/14/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP2445; 2013AP2446 The trial court did not violate Delano’s due process rights and properly exercised its discretion when it prohibited Delano from visitation with his children pending the trial on a petition to terminate his… Read more
State v. Ross Timothy Litke, 2013AP1606-CR, 3/11/14, District 1 (1-judge opinion, ineligible for publication); case activity This was a potentially interesting Daubert case. The police stopped the car Litke was driving because a tail light was out. The officer noticed Litke’s bloodshot eyes and asked if he had been drinking. “Yes, a few beers,” Litke replied. The… Read more
