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Traffic Stop

State v. Michael E. Mings, 2011AP2467-CR, District 2, 3/28/12 court of appeals decision (1-judge, not for publication); for Mings: Daniel P. Fay, Erin Fay; case activity ¶12      Hallmark testified that he has completed many traffic stops in his three years as a police officer and that “most innocent public, motoring traffic, don’t usually pass … at… Read more

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State v. Christopher J. Anderson, 2009AP3053-CR, District 1, 3/27/12 court of appeals decision (not recommended for publication); pro se; case activity; prior history: 2008AP504-CR Anderson’s prior appeal established that “the trial court erred when it denied his request for an in camera review of [police] personnel files because he had both a constitutional and statutory right to… Read more

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Traffic Stop – Duration – Dog Sniff

State v. Dawn M. Fletcher, 2011AP1356-CR, District 3, 3/27/12 court of appeals decision (1-judge, not for publication); for Fletcher: Earl J. Luaders, III; case activity The court upholds search of a car following a drug dog alert which occurred while an officer was still processing a warning ticket for a conceded traffic violation: ¶7        On appeal, Fletcher… Read more

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State v. Corrine J., 2011AP1916 / State v. Dalvin C., Sr., 2011AP1882, District 1, 3/27/12 court of appeals decision (1-judge, not for publication); for Corrine J.: Melinda A. Swartz, SPD, Milwaukee Appellate; for Dalvin C.: Jeffrey W. Jensen; case activity Trial counsel’s failure to object to the guardian ad litem’s closing argument wasn’t prejudicial, given… Read more

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Traffic Stop – Duration

State v. Daniel M. Buesgens, No. 2011AP2241-CR, District 3, 3/27/12 court of appeals decision (1-judge, not for publication); for Buesgens: Eric John Nelson; case activity Buesgens, told he was “absolutely free to go” after a concededly proper traffic stop, wasn’t then “reseized” when the officer asked questions related to whether he had been drinking. ¶15      Similar to Williams… Read more

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State v. Laura M., 2011AP2828, District 1, 3/27/12 court of appeals decision(1-judge, not for publication); for Laura M.: Russell D. Bohach; case activity The trial court properly exercised discretion in finding Laura M. in default when she failed to appear for trial on TPR grounds. A father of one of her children, Padrein K., called counsel to report… Read more

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Question Presented (from Cert Petition):  Whether the Florida Supreme Court has decided an important federal question in a way that conflicts with the established Fourth Amendment precedent of this Court by holding that an alert by a well-trained narcotics detection dog certified to detect illegal contraband is insufficient to establish probable cause for the search… Read more

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Sentencing Discretion

State v. Scott P. Wojcik, 2011AP2568-CR, District 2, 3/21/12 court of appeals decision (1-judge, not for publication); for Wojcik: Christopher Lee Wiesmueller; case activity 90-day jail sentence for OWI-2nd (minimum 0f 5 days, maximum of 6 months) upheld as proper exercise of discretion. Trial court considered as aggravators recentness of prior OWI conviction (2008) and his seeming level… Read more

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