State v. Christopher Antonje Tek, 2021AP1112-Cr, 3/31/22, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs). About 45 seconds into a traffic stop, Officer Rocha placed Tek in handcuffs and continued his investigation of a possible OWI. Ten minutes later, Rocha took Tek to jail and arrested him. Tek argued that he was… Read more
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State v. Richard Brian Lopez, 2020AP108-CR, 3/29/2022, District 1; (not recommended for publication); case activity (including briefs) Lopez was convicted of battering his girlfriend, “Margaret,” with whom he had children. Before trial, the DA turned over photos depicting the bruising on Margaret’s face. But at trial, it surprised Lopez with a second set of photos… Read more
State v. Michael J. Leighton, 2021AP1949-cr, 3/30/22, District 2 (not recommended for publication; case activity (including briefs) In 2018, the State charged Leighton with misdemeanor theft and fraudulent use of a credit card, both as repeaters. In 2020, he asked the DA for “prompt disposition” of his case per §971.11. Receiving no response, he moved… Read more
On March 30, 2022, the court of appeals ordered publication of the following criminal law related decisions: State v. Shane Allan Stroik, 2022 WI App 11 (trial counsel was ineffective for failing to investigate witness’s prior false allegation). State v. Jere J. Meddaugh, 2022 WI App 12 (police lacked reasonable suspicion to stop bicyclist riding… Read more
State v. Daimon Von Jackson, Jr., 2019AP2383, petition for review of granted 3/21/22; dismissed as improvidently granted 5/8/23; case activity (including briefs) Issues (from Von Jackson’s PFR): 1. Whether a defendant is prejudiced when trial counsel does not communicate with him before his homicide trial. 2. Whether a defendant should be allowed to… Read more
City of Waukesha v. Brian John Zimmer, 2012AP530-531, 3/23/22, District 2; case activity (including briefs) The circuit court suppressed the results of Zimmer’s preliminary breath test because Officer Moss demanded, rather than asked, Zimmer to submit to a PBT, contrary to §343.303. It also dismissed Zimmer’s OWI citations. The court of appeals reversed because Moss… Read more
State v. Alec D. Alford, 2020AP2072-CR, District 2, 3/23/22 (one-judge decision; ineligible for publication); case activity (including briefs) Dismissal with prejudice for failing to comply with the time limit under the intrastate detainer statute isn’t an “acquittal on the merits” under § 939.71 and thus doesn’t bar filing new charges based on the same course of… Read more
Portage County v. D.A., 2021AP1683, 2021AP1685, 2021AP1686, District 4, 3/24/22 (one-judge decision; ineligible for publication); case activity (for 21AP1683) D.A. (“David”) raises various challenges to the finding his three children are in need of protection or services and to the dispositional orders. The court of appeals rejects his claims. The arguments and issues are very… Read more
