State v. Antonio Reyes-Ortiz, 2013AP268-CR, District 1, 11/26/13; court of appeals decision (not recommended for publication); case activity Reyes-Ortiz argued there was an insufficient factual basis for his plea to first degree reckless injury because the victim’s injuries rose only to the level of “substantial bodily harm” under § 939.22(38), not “great bodily harm” under § 939.22(14), as… Read more
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Review of published court of appeals decision; case activity Issue (composed by On Point) When the passenger of a car asks a police officer searching the car if he has “got a warrant for that?” before the officer opens a briefcase found in the hatchback of the car, has the driver’s general consent to search… Read more
Review of published court of appeals decision; case activity Issue (composed by On Point) Does § 346.65(2)(am)6., which provides that “the confinement portion of a bifurcated sentence imposed under s. 973.01 [for an OWI 7th, 8th, or 9th] shall be not less than 3 years,” require that a bifurcated sentence be imposed? The court of appeals… Read more
Review of a published court of appeals decision; case activity Issue: Whether under § 973.015 the circuit court has the discretion to withhold its decision on expungement until after the defendant completes probation? Wis. Stat. § 973.015 authorizes the circuit court to expunge the record of a defendant under the age of 25 in certain situations… Read more
Review of per curiam court of appeals decision; case activity Issue (composed by On Point) Whether Wis. Stat. § 343.303, which bars the admission of certain preliminary breath test results in motor vehicle prosecutions, applies to PBT results obtained by Emergency Room staff? Issue (again, composed by On Point) WIS JI- Criminal 1185, which is based upon… Read more
Review of unpublished court of appeals decision; case activity Issue (from the state’s Petition for Review) Whether the court of appeals went beyond the boundaries of an appellate court when it reversed the trial court’s decision based on a sua sponte argument–and subsequent appellate factual determinations–that was never presented to the trial court. Purtell was… Read more
State v. Michael Alger, 2013 WI App 148, petition for review granted, 5/23/14, affirmed, 2015 WI 3; case activity In this important decision addressing an issue that’s been percolating in ch. 980 cases, the court of appeals holds that the Daubert standard for expert testimony does not apply to any proceedings in a ch. 980 case… Read more
State v. Sidney H. Sawicky, 2013AP1335, District 3, 11/19/13; court of appeals decision (1-judge; ineligible for publication); case activity Village of Elm Grove v. Brefka, 2013 WI 54, 348 Wis. 2d 282, 832 N.W.2d 121, held that the 10-day limit for requesting a refusal hearing set out in § 343.305(9)(a)4. and (10)(a) is mandatory and cannot be… Read more
