On July 29, 2020, the court of appeals ordered publication of the following criminal law related cases: State v. Dawn M. Prado, 2020 WI App 42 (striking down implied consent law for unconscious drivers) State v. Mark J. Bucki, 2020 WI App 43 (dog sniff evidence need not be corroborated to be admissible) Winnebago County… Read more
B. Published opinions
State v. Yancy Kevin Dieter, 2020 WI App 49; case activity (including briefs) Dieter called 911 at about 6 in the morning and reported that he’d crashed his car after drinking at a bar. The crash happened about four hours before Dieter made the call; he was badly injured and the car’s other occupant was… Read more
State v. Donnie Gene Richards, 2020 WI App 48; case activity (including briefs) Richards was found lapsing in and out of consciousness and severely injured behind the wheel of a crashed vehicle. There was evidence he was intoxicated, and he would soon be transported to a distant hospital by helicopter. Believing there wasn’t enough time… Read more
State v. Alan M. Johnson, 2020 WI App 50, state’s petition for review granted, 9/16/20, affirmed in part, reversed in part, 2021 WI 61; case activity (including briefs) Johnson killed his brother-in-law, K.M., while he was in K.M.’s house, uninvited, to look to see whether K.M. had child porn on his computer. The court of appeals… Read more
State v. Keith C. Henyard, 2020 WI App 51; case activity (including briefs) The State charged Henyard with 8 crimes potentially leading to 157 years in prison. Commissioner Parise engaged Henyard in a colloquy, accepted his waiver of a preliminary hearing, and bound him over for trial. Parise left the bench and 5 months later… Read more
State v. David M. Hay, 2020 WI App 35; case activity (including briefs) Hay was pulled over in the early morning and blew a .032 on the PBT. He had several drunk-driving priors, so it would be illegal for him to drive with a BAC over .02. The officer never sought a warrant; instead he searched the car… Read more
On June 24, 2020, the court of appeals ordered publication of the following criminal law related cases: State v. Tavodess Matthews, 2020 WI App 33 (motion to adjourn a probable cause hearing is a “preliminary contested matter” under judicial substitution statute) State v. Adam W. Vice, 2020 WI App 34 (confession given after polygraph ordered… Read more
State v. Dawn J. Levanduski, 2020 WI App 53; case activity (including briefs) This published decision resolves an issue arguably left open by Birchfield v. North Dakota, 136 S. Ct. 2160 (2016). The court of appeals holds that when an officer reads Wisconsin’s “Informing the Accused” form to an OWI suspect, and she refuses a… Read more
