State v. Thomas R. McEssey, 2011AP2668-CR, District 4, 9/20/12 court of appeals decision (not recommended for publication); case activity The police inadvertently destroyed a recording of a phone conversation between McEssey and the alleged victim. (A separate, but partial recording – containing only the latter’s side of the conversation – was made, misplaced, and belatedly… Read more
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State v. Portia M. Meyer, 2012AP206-CR, District 4, 9/20/12 court of appeals decision (1-judge, ineligible for publication); case activity Assuming that the police placed Meyer under arrest when handcuffing her and placing her in the back of a squad car following a traffic accident, they had probable cause to do so for failure to yield… Read more
Updates have been added to the following posts (scroll to bottom of each post noted below for added material): Village of Menomonee Falls v. Jason R. Ferguson, 2011 WI App 73 (added In re Taylor, Cal. App. 4th Dist., Div. One, D059574, 9/12/12 and U.S. v. Collins, 684 F.3d 873 (9th Cir 2012), re: constitutional challenges to sex… Read more
on review of published decision; case activity Issue (composed by on Point) Whether sentencing reliance on inaccurate information (here, misapprehension of mandatory minimum incarceration) is structural error. Travis pleaded guilty to an offense that all concerned (defense, prosecution, sentencing court) wrongly thought carried a 5-year mandatory minimum (largely due to confusion about the particular offense Travis… Read more
State v. Robert B. Sonnenberg, 2012AP1025, District 2, 9/19/12 court of appeals decision (1-judge, ineligible for publication); case activity Evidence held sufficient to sustain Sonnenberg’s conviction for OWI-1st. He admitted that he drank some indeterminate amount of alcohol before his car had a flat tire and then drank more on the side of the road… Read more
Village of Menomonee Falls v. Timothy E. Rotruck, 2012AP1024-FT, District 2, 9/1, District 2, 9/19/12 court of appeals decision (1-judge, ineligible for publication); case activity Concededly proper traffic stop; after citations issued, officer sought and obtained consent to search vehicle, resulting in seizure of contraband – court concludes that, under the circumstances, traffic stop had… Read more
State v. Jose O. Gonzalez-Villarreal, 2012 WI App 110 (recommended for publication); case activity Counsel (Michael J. Knoeller) was present while the police interrogated, and elicited incriminating responses from, his client, Gonzalez-Villarreal. G-V didn’t speak English, and Knoeller doubled as interpreter. The state issued charges, and Knoeller continued to represent G-V. However, the state moved… Read more
State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12 court of appeals decision (not recommended for publication); case activity Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and… Read more
