State v. Cherise A. Raflick, 2001 WI 129 For Raflik: Michael J. Fitzgerald, Dean A. Strang Issue/Holding: ¶1. This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12(3)(d)1, and when the factual basis for the… Read more
Published 2001
State v. William Koller, 2001 WI App 253, PFR filed For Koller: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether the trial court’s response to a jury request to see a written report and a transcript of a witness’s testimony — that these items were “not available” — without first seeking defense input was error. Holding: The… Read more
State v. George S. Tulley, 2001 WI App 236 For Tulley: Patrick M. Donnelly Issue: Whether excluding defendant and his attorney from in camera voir dire of several jurors was reversible error. Holding: A defendant has both constitutional and statutory rights to be present, with assistance of counsel, at voir dire, and the trial court therefore erred… Read more
State v. Derrick Benton, 2001 WI App 81 For Benton: James Kachelski. Issue: Whether the defendant can challenge seizure of property from an auto where he claimed no ownership or possessory interest in either the auto or the seized property. Holding: ¶11 Although the trial court upheld the search of the car in which Benton was… Read more
State v. Michael Johnson, 2001 WI App 105 For Johnson: David R. Karpe Issue: Whether defendant’s partially successful trial strategy of defending against two counts of possession of intent to deliver of claiming personal use on one count and denial of any knowledge of the substance in the second count judicially estopped him from arguing on… Read more
Paul Rutzinski, 2001 WI 22, affirming unpublished opinion of court of appeals For Rutzinski: Craig A. Mastantuono, Maureen Fitzgerald Issue: Whether an unidentified motorist’s cell phone report of suspicious driving justified a stop. Holding: ¶38 In sum, we hold that the tip in this case provided sufficient justification for an investigative stop of Rutzinski. First… Read more
State v. Christopher Gammons, 2001 WI App 36 For Gammons: Keith A. Findley, LAIP Issue/Holding: Police did not have reasonable suspicion to continued detention for a routine traffic problem after the purpose of the stop was fulfilled: ¶21 In evaluating reasonable suspicion, we must examine whether all the facts, when taken together, could constitute a… Read more
State v. Alisha M. Olson, 2001 WI App 284 For Olson: Daniel P. Fay Issue: Whether the police had reasonable suspicion to make a traffic stop to investigate the driver for a burglary two days earlier. Holding: ¶8. In the present case, we find sufficient facts to give rise to a reasonable suspicion that Olson had… Read more
