City of Milwaukee v. Tanya M. Bean, et al., 2001 WI App 258, PFR filed 11/8/01 For Bean: Jerome F. Buting, Pamela S. Moorshead Issue1: Whether prostitution activities in the area encompassed by the injunction were shown sufficiently to constitute a nuisance. Holding: ¶13. Although it is true, as the appellants argue, that the infusion of… Read more
Published 2001
State v. Joseph E.G., 2001 WI App 29, 240 Wis. 2d 481, 623 N.W.2d 137 For Joseph E.G.: Susan E. Alesia, SPD, Madison Appellate Issue: Whether § 301.45(1m) (1997-98) violates equal protection and substantive due process in failing to excuse juveniles convicted of false imprisonment from sex offender registration. Holding: ¶12 In contrast to the… Read more
State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126 For defendants: Robert R. Henak Issue: Whether warrantless police entry of a stairway in a multiple unit building was lawful. Holding: Existence of reasonable expectation of privacy in a stairway leading to the upper levels of… Read more
State v. Robert F. Hart, 2001 WI App 283 For Hart: John Deitrich Issue: Whether the need to transport in a police vehicle a person, who is not in custody, is itself an exigency justifying a pat-down search for weapons. Holding: ¶17. … With five members of the court declining to adopt a per ser rule… Read more
State v. Eddie McAttee, 2001 WI App 262 For McAttee: Russell D. Bohach Issue: Whether the Riverside probable cause finding was tainted by a factual misrepresentation (specifically, that McAttee had been implicated by a “coconspirator”) in the police report submitted in support of continued detention. Holding: Though describing the informant as a coconspirator “may have been legally… Read more
State v. Ashley B. Steele, 2001 WI App 160, PFR filed 6/25/01 For Steele: Christopher William Rose Issue: Whether sentencing eligibility for “boot camp” is determined by bright-line statutory guidelines, or by exercise of trial court discretion. Holding: ¶12. While an offender must meet the eligibility requirements of Wis. Stat. § 302.045(2) to participate in the challenge… Read more
State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether evidence seized under a warrant defective because unsupported by probable cause may be admissible under the good-faith doctrine. Holding: Given that, subsequent to trial-level litigation, the supreme court recognized the good-faith exception to the exclusionary rule, in State v… Read more
State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether the search warrant was supported by probable cause. Holding: ¶18. …. The State points to several facts in the affidavits: (1) Mary’s telephone was off the hook the day she was killed, suggesting “that the perpetrator had… Read more
