State v. Eric Archie Armstrong, District 2/1, 2010AP1056-CR, 5/30/12 court of appeals decision (not recommended for publication); for Armstrong: Ellen Henak, SPD, Milwaukee Appellate; case activity Setting restitution four years after sentencing didn’t violate double jeopardy principles, turning principally on whether Johnson “had a legitimate expectation of finality in the first judgment,” State v. Greene, 2008 WI App… Read more
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court of appeals decision (1-judge, not for publication); for Anderson: Dennis M. Melowski, Chad A Lanning; case activity Traffic Stop Probable cause found to support stop for unsafe lane deviation, § 346.13(1). ¶12 Here, DeNovi testified that, while traveling in a group of three vehicles, he observed Anderson’s vehicle drift into the outside lane for approximately 100 yards and… Read more
court of appeals decision (1-judge, not for publication); for Thomas: John M. Carroll; case activity Traffic Stop – Duration ¶8 Thomas argues Schellinger lacked reasonable suspicion to extend the traffic stop because the only fact supporting Schellinger’s belief that Thomas was operating while intoxicated was the odor of intoxicants. Thomas asserts the odor of intoxicants does not… Read more
State v. Jason T. Moynihan, 2011AP2858-CR, District 2, 5/30/12 court of appeals decision (1-judge, not for publication); for Moynihan: Lora B. Cerone, SPD, Madison Appellate; case activity ¶8 In this case, the deputy pulled over the vehicle driven by Moynihan because he believed it was being driven by Saeger and believed that Saeger’s driver’s license was revoked. The question… Read more
State v. Douglas Meier Williams, 2012 WI 59, on review of court of appeals certification request; for Williams: Stephen P. Hurley, Dean A. Strang, Marcus J. Berghahn, Jonas B. Bednarek; case activity Wis. Stat. § 757.69(1)(b), giving circuit court commissioners authority to issue search warrants, is constitutional. ¶3 Throughout Wisconsin’s history, including before the ratification of the Wisconsin Constitution, non-judges have been… Read more
Coleman v. Lorenzo Johnson, USSC No. 11-1053, 5/29/12 (per curiam), reversing 446 Fed. Appx. 531 (3rd Cir. 2011) We have made clear that Jackson claims face a high bar in federal habeas proceedings because they are subject to two layers of judicial deference. First, on direct appeal, “it is the responsibility of the jury—not the… Read more
Alex Blueford v. Arkansas, USSC No. 10-1320, 5/24/12, affirming 2011 Ark. 8 Double Jeopardy doesn’t bar retrial on greater offenses, despite jury foreperson’s report of unanimous votes against those charges, after ensuing deadlock resulted in mistrial. Blueford’s primary submission is that he cannot be retried for capital and first-degree murder because the jury actually acquitted… Read more
State v. Susan C. Macho, 2011AP1841-CR, District 2, 5/23/12 court of appeals decision (1-judge, not for publication); for Macho: Leonard G. Adent; case activity ¶8 In this case, Edwards’ actions in pulling up behind Macho and shining his spotlight into her car did not amount to a “show of authority sufficient to effect a seizure.” Young, 294… Read more
