State v. John C. Thorstad, 2000 WI App 199, 238 Wis. 2d 666, 618 N.W.2d 240 For Thorstad: Ralph A. Kalal Issue: Whether the warrantless blood draw complied with State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993). Holding: The four-part Bohling test — lawful arrest; reasonable suspicion that draw will show intoxication; method of drawing blood… Read more
Published 2000
State v. Joel L. Ritchie, 2000 WI App 136, 237 Wis.2d 664, 614 N.W.2d 837 For Ritchie: Steven G. Bauer Issue: What is the standard of review for an arrest warrant based on a criminal complaint? Holding: Although review of probable cause to support a complaint is independent, review of probable cause to support an arrest… Read more
State v. Kenneth M. Herrmann, 2000 WI App 38, 233 Wis. 2d 135, 608 N.W.2d 406 For Herrmann: Peter J. Morin Issue: Whether consent to search was valid, immediately following unlawful entry of the occupant’s apartment. Holding: Given the “coercive circumstances” – entry in middle of night, with officers yelling “search warrant” – any consent Herrmann… Read more
State v. Kenneth M. Herrmann, 2000 WI App 38, 233 Wis. 2d 135, 608 N.W.2d 406 For Herrmann: Peter J. Morin Issue: Whether the search warrant for Herrmann’s apartment was supported by evidence sufficiently untainted by an illegal entry into his apartment. Holding: The untainted discovery of nine marijuana plants, prior to the occurrence of the… Read more
State v. Robert C. Knight, 2000 WI App 16, 232 Wis.2d 305, 606 N.W.2d 291. For Knight: Scott B. Taylor. Issue: Whether seizure of a disbarred attorney’s client files by a court-ordered trustee amounted to governmental action so as to trigger fourth amendment protections. Holding: ¶8 Here, Garczynski’s seizure and search of Knight’s client files… Read more
State v. Jerome G. Semrau, 2000 WI App 54, 233 Wis. 2d 508, 608 N.W.2d 376 For Semrau: John D. Lubarsky, SPD, Madison Appellate Issue: Whether (assumed) erroneous refusal to suppress evidence was harmless on appeal following guilty plea, under Wis. Stat. § 971.31(10). Holding: Strength of admissible evidence, apart from unsuppressed evidence, placed Semrau… Read more
State v. Michael R. Bauer, 2000 WI App 206, 238 Wis. 2d 6887, 617 N.W.2d 902 For Bauer: Thomas Voss Issue: Whether evidence that the defendant, while awaiting trial, solicited the murders of people who were going to testify against him was admissible. Holding: ¶2 Bauer argues that the solicitation evidence was other acts evidence… Read more
State v. Ondra Bond, 2000 WI App 118, 237 Wis. 2d 633, 614 N.W.2d 552, affirmed by equally divided court, 2001 WI 56. For Bond: William Coleman; Janet Barnes, Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: The prosecution may not use at trial the fact that a defendant stood mute in the face of an accusation. ¶27… Read more
