State v. Christopher Gammons, 2001 WI App 36 For Gammons: Keith A. Findley, LAIP Issue: Whether an officer may stop a car for not displaying a rear plate, when the car has a temporary license sticker which isn’t seen until after the stop. Holding: ¶8 While the temporary license sticker in this case may be… Read more
Published 2001
State v. Christopher Gammons, 2001 WI App 36 For Gammons: Keith A. Findley, LAIP Issue: Whether, following stop of a car which seemed not to have plates, identification-related investigation of passenger is permissible once the officer discovers proof (display of temporary sticker) that there is in fact no apparent violation of registration laws. Holding: A lawful… 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 a guest temporarily on premises used primarily for commercial purposes had standing to assert suppression of evidence seized after unlawful police entry. Holding:: Notwithstanding certain language in Minnesota v… Read more
State v. Jefrey S. Kimbrough, 2001 WI App 138, PFR filed 6/25/01 For Kimbrough: Glenn C. Cushing, SPD, Madison Appellate Issue: Whether the evidence satisfied the reckless-conduct element, in particular that the defendant was subjectively aware of the risks in shaking a baby who died as a result. Holding: The jury was entitled to draw a finding of… Read more
State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.W.2d 142 For Badker: Timothy A. Provis Issue: Whether the evidence was sufficient to sustain conviction for “hiding” corpse, § 940.11(2). Holding: By dumping the deceased’s body into a 6-foot-deep, water-lined ditch in a secluded wildlife refuge, Badker satisfied the element of “hiding”… Read more
State v. Michael J. Kryzaniak/Sherry L. Kryzaniak, 2001 WI App 44 For Kryzaniak: Raymond G. Meyer II Issue: Whether warrantless entry of a residence to arrest a third party was justified by the exigent circumstance of hot pursuit. Holding: ¶18 … (T)here was no immediate or continuous pursuit of a suspect from the scene of… Read more
State v. Edward Garrett, 2001 WI App 240, PFR filed For Garrett: Michael P. Sessa Issue: Whether warrantless entry of defendant’s apartment was justified under the exigent circumstances doctrine (risk that evidence — drugs — will be destroyed). Holding: Warrantless entry of a residence may be justified where both probable cause and exigent circumstances are shown. Probable… Read more
State v. Daniel Rodriguez, 2001 WI App 206, PFR filed 9/19/01 For Rodriguez: Diana Felsmann, SPD, Milwaukee Appellate Issue: Whether warrantless police entry of a residence was justified under the following circumstances: the location was a drug “hot spot”; before entry, undercover officers saw three people enter and quickly leave; drug arrests had been made at… Read more
