State v. Deris Huley, 2013AP682, 9/26/13 (1-judge ineligible for publication); case activity It’s not often the court of appeals rules against the State. Huley pled no contest to a misdemeanor hit and run of an attended vehicle, as a repeater. See §346.74(5)(a). The State sought restitution in the amount of $4,064.83 for the victim’s personal injuries. … Read more
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State v. Damon R. Lowe, 2012AP555-CR, District 2, 9/18/13; court of appeals decision (not recommended for publication); case activity Lowe, charged with sexual and physical abuse of V.A.L., his adopted daughter, sought to present evidence that she was motivated to fabricate her allegations because she wanted to get away from her overly strict father, who… Read more
State v. George R. Ferrell, Appeal No. 2012AP2602, 9/26/13, (1-judge; ineligible for publication); case activity A state trooper does not need evidence such as odors, admissions or containers to have probable cause to arrest for OWI. These facts will do the trick: ¶12 . . . [T]he State Patrol received several reports that Ferrell was… Read more
State v. Greg LaPean, 2012AP2309-CR, District 3, 9/26/13 (not recommended for publication); case activity This case boils down to whether LaPean transferred encumbered farm equipment with intent to defraud his lender, Security State Bank, in violation of § 943.84(2)(a); Wis JI-Criminal 1470. LaPean asserted the real controversy was not tried due to an incomplete instruction on intent, there… Read more
Winnebago County v. Brady E. Bauman, 2013AP1075, District 2, 9/18/13; court of appeals decision (1-judge; ineligible for publication); case activity After encountering a deputy in a parking lot, Bauman stated he had been drinking, had driven a half-hour before, and had pulled into the parking lot because he felt impaired. The deputy asked, “Are you telling… Read more
State v. Glen G. Bowe, 2013AP238-CR, District 3, 9/17/13; court of appeals decision (1-judge; ineligible for publication); case activity The lack of any colloquy regarding Bowe’s waiver of his right to counsel when he pled in his prior OWI case does not by itself make the prima facie showing necessary for a collateral attack on… Read more
State v. Kenneth B. Burmeister, 2013AP1016-CR, District 3, 9/17/13; court of appeals decision (1-judge; ineligible for publication); case activity Police lawfully extended a traffic stop to conduct field sobriety tests because the odor of alcohol, the driver’s initial “deflective answer” to the question of whether he had been drinking, and his subsequent admission to drinking… Read more
State v. Jerry Lee Carson, 2012AP2616-CR, District 1, 9/17/13; court of appeals decision (not recommended for publication); case activity Ineffective assistance of trial counsel Carson, convicted of second degree recklessly endangering safety, claimed his trial lawyer was ineffective on various grounds. The court of appeals holds counsel was not ineffective for failing to: Demand a… Read more
