State v. Scott William Forrett, 2021 WI App 31, petition for review granted, 9/14/21, affirmed, 2022 WI 37; case activity (including briefs) Wisconsin permits a driver’s prior refusal to submit to a warrantless blood test as a criminal penalty enhancer for a subsequent OWI. In an open and shut opinion that is recommended for publication… Read more
B. Published opinions
On April 28, 2021, the court of appeals ordered publication of the following criminal law related decisions: State v. Patrick A. Keller, 2021 WI App 22 (Confrontation Clause doesn’t apply to statements of mandatory child abuse reporter) State v. Markell Hogan, 2021 WI App 24 (cop can testify as human trafficking expert)… Read more
State v. Blong Simba Vang, 2021 WI App 28; case activity (including briefs) The search of Vang’s car, which was parked on school property, was reasonable under the less stringent standard for searches of students established in New Jersey v. T.L.O., 469 U.S. 324 (1985), even though Vang wasn’t a student at the school. T.L.O. authorizes… Read more
State v. Kimberly Dale Crone, 2021 WI App 29; case activity (including briefs) Think twice before driving with medication in your car or purse. This decision (recommended for publication) holds that when a sheriff stops a driver for simple speeding, and he admittedly lacks reasonable suspicion to inquire about medication bottles he sees in the… Read more
State v. Richard Michael Arrington, 2021 WI App 32; review granted 9/14/21, reversed, 2022 WI 53; case activity (including briefs) Arrington was being held at the Brown County Jail for 1st-degree homicide when another inmate, Miller, began chatting with him about his case. Turns out Miller was a snitch for State. With the assistance of… Read more
State v. Kevin M. Jereczek, 2021 WI App 30; case activity (including briefs) Police suspected Jereczek’s son in a sexual assault and thought there might be evidence on the family desktop computer. They asked Jereczek if they could search the machine; he agreed but limited his permission to the son’s account. The examiner, Behling, didn’t… Read more
State v. Markell Hogan, 2021 WI App 24; case activity (including briefs) A police officer who has experience investigating human trafficking cases and who has training from various prosecutorial and law enforcement conferences about the methods traffickers use may testify as an expert under §907.02 and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579… Read more
On March 31, 2021, the court of appeals ordered the publication of the following criminal law related opinions: State v. James A. Jones, 2021 WI App 15 (return of bond on charges that are dismissed and read in at sentencing and for which the court doesn’t order restitution). State v. Gregory F. Atwater, 2021 WI… Read more
