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Reasonable Suspicion – Drunk Driving

State v. Paul H. Olson, 2011AP1728-CR, District 4, 7/26/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶11      Although Officer Welker did not observe Olson commit any traffic violations, the other facts known to Officer Welker at the time he initiated questioning demonstrate that he had reasonable suspicion to justify the investigatory stop.  The incident… Read more

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Appellate Briefs

State v. Jeremiah R. Connour, 2011AP1489-CR, District 3, 7/31/12 court of appeals decision (not recommended for publication); case activity ¶3 n. 2: Connour’s thirty-eight-page statement of the case includes primarily verbatim Q & A trial testimony, but nonetheless omits relevant evidence necessary to address his postconviction claims.  Most of the remainder of Connour’s recitation of the “facts” inappropriately… Read more

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Court of Appeals Publication Orders, 7/12

court of appeals publication orders, 7/27/12 On Point posts from this list: 2012 WI App 74 Jerred Renard Washington v. State of Wisconsin / State v. Jerred Renard Washington 2012 WI App 76 State v. Willie H. Jackson 2012 WI App 77 State v. Joel Joseph Lobermeier 2012 WI App 79 State v. Wayne P. Harris 2012 WI App 82 State… Read more

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Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 103 (Justice Ziegler);  case activity; companion decisions: 2012 WI 69, 2012 WI 43 Justice Ziegler, like Justice Roggensack and unlike Justice Crooks, recuses herself from a pending judicial complaint against Justice Prosser. ¶2   The highly unusual issue each justice is called upon to decide… Read more

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State v. Terry G. Vollbrecht, 2012 WI App 90 (recommended for publication); case activity § 974.06 Motion – Laches Inapplicable  ¶17 n. 14: While we acknowledge the State’s argument that Vollbrecht’s Wis. Stat. § 974.06 motion is barred by laches and its request that we certify the issue to the supreme court, we decline the State’s invitation.  The State concedes… Read more

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State v. Nick E. Sammon, District 2, 2011AP682-CR, 7/25/12 court of appeals decision (not recommended for publication); case activity Search Warrant – Erroneous Information in Application A detective’s application for a search warrant of Sammons’ residence asserted that Sammons had been convicted in Texas for drug and burglary offenses (in fact, both had been dismissed… Read more

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State v. Chavis T. Sheriff, 2011AP1202, District 2, 7/25/12 court of appeals decision (not recommended for publication); case activity Sheriff’s failure to respond to a no-merit report operates as a serial litigation bar to his subsequent, § 974.06 attempt to argue that trial and postconviction counsel were ineffective. State v. Allen, 2010 WI 89, 328 Wis… Read more

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State v. Troy L. Cameron, 2012 WI App 93 (recommended for publication); case activity Prosecutorial Vindictiveness – Neither Presumptive or Actual for Increased Charges Following Rejected Plea Offer  Cameron failed to establish prosecutorial vindictiveness in the filing of an amended information containing additional charges, after he rejected a plea offer to the original information. State v. Johnson, 2000… Read more

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