State v. Gary L. Gordon, 2002 WI App 53, reversed on other grounds, 2003 WI 69 For Gordon: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: The trial court erroneously exercised discretion in imposing costs for the travel expense of an officer, in that this expense was necessitated by a change in trial date attributable primarily to the prosecution… Read more
Published 2002
State v. Justin Kolp, 2002 WI App 17 For Kolp: Jennifer L. Abbott Issue: Whether the police had a reasonable suspicion to frisk Kolp, when he showed up at a residence during execution of a search warrant for evidence of possession of marijuana and which authorized the search of all persons present on the premises. Holding: Given… Read more
State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02 For Stout: James L. Fullin, Jr., SPD, Madison Appellate Issue/Holding: ¶14. … (T)he United States Supreme Court has never held that a warrantless entry into a private residence may be justified by a Terry investigatory stop based on reasonable suspicion provided by an informant’s tip. To… Read more
State v. Harold C. Mikkelson, 2002 WI App 152 For Mikkelson: Michael Yovovich, SPD, Madison Appellate Issue: Whether the state waived an appellate argument in opposition to suppression by not raising it at the suppression hearing. Holding: ¶14 “The waiver rule serves several important objectives. Raising issues at the [circuit] court level allows the …. court… Read more
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: Failure of the warrant application to include dismissal of prior criminal charge listed against defendant didn’t mislead judge, who would have inferred that had the charge resulted in conviction that result would have been asserted… Read more
State v. Jeffrey L. Loranger, 2002 WI App 5, PFR filed 1/22/02 For Loranger: Richard B. Jacobson, James C. Murray Issue: Whether the search warrant was based on intentionally or recklessly false averments, Franks v. Delaware, 438 U.S. 154 (1978). Holding: ¶23. Viewing the totality of the circumstances, we conclude that the issuing court commissioner had a… Read more
State v. Jeffrey L. Loranger, 2002 WI App 5, PFR filed 1/22/02For Loranger: Richard B. Jacobson, James C. Murray Issue: Whether evidence illegally obtained through warrantless use of a thermal imaging device, in reliance on then-valid Wisconsin appellate court decision subsequently invalidated by a Supreme Court decision, must be suppressed. Holding: Warrantless use of a thermal imaging… Read more
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: ¶13. There are no longer specific prerequisites to a finding of confidential informant reliability. Rather, the current test simply requires courts to “consider all of the circumstances set forth in the affidavit, including the veracity and basis of knowledge… Read more
