State v. Tina M. Miller, 2002 WI App 150, PFR filed 6/3/03 For Miller: Timothy A. Provis Issue/Holding: ¶6. The Supreme Court first addressed whether the Fourth Amendment applies to canine sniffs in United States v. Place, 462 U.S. 696 (1983). … The Court then concluded “that the particular course of investigation that the agents intended… Read more
Published 2002
State v. Brandon L. Wheat, 2002 WI App 153, PFR 6/14/02 For Wheat: Steven A. Koch, Bradley J. Lochowicz Issue/Holding: Because the exclusionary rule doesn’t apply at revocation hearings, “(a) reasonable probation search, as conducted here, is lawful even if the probation officer relies, in part, on information from law enforcement officials in violation of the Fourth… Read more
State ex rel. Julie A.B. v. Circuit Court, 2002 WI App 220 For Julie A.B.: Roberta A. Heckes Issue/Holding: § 48.29(1) permits more than one party to file a request for a substitution of judge in a TPR proceeding, ¶2. (The mother filed a substitution request. After a new judge was assigned, the GAL filed a request, one… Read more
State ex rel. Ernie Garibay v. Kenosha County, 2002 WI App 164 For Garibay: Denise Hertz-McGrath Issue/Holding: ¶2. The dispositive issue is whether a defendant who is charged jointly with another defendant may obtain substitution of a judge pursuant to Wis. Stat. § 971.20(6) when the codefendant is not yet before the court. We conclude that the… Read more
Barbara R.K. v. James G., 2002 WI App 47 Issue: Whether review of a denied request for substitution of judge is waived by failure to seek review of the denial by the local chief judge. Holding: ¶9…. The statute then provides: “If the judge named in the substitution request finds that the request was not timely… Read more
State v. Rodosvaldo C. Pozo, 2002 WI App 279, 258 Wis. 2d 796, 654 N.W.2d 12 Issue/Holding: ¶8. Writ of habeas corpus is an equitable remedy that protects a person’s right to personal liberty by freeing him or her from illegal confinement. State ex rel. Dowe v. Waukesha County Circuit Court, 184 Wis. 2d 724, 728-29… Read more
State ex rel Edwin C. West v. Bartow, 2002 WI App 42 For West: Leonard D. Kachinsky Issue: Whether the court had discretion to order change of venue from Winnebago (county of current SVP confinement) to Milwaukee (county of commitment), on habeas challenge to the commitment. Holding: Venue was proper in Winnebago under § 801.50(4)(b) (where petitioner is being… Read more
State v. Luther Williams, III, 2002 WI 58, on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue/Holding: The evidence was sufficient to establish the intent element, and therefore to support conviction, for contributing to delinquency of a minor, § 948.40(1): “The jury reasonably could infer from the evidence that Williams was aware that his participation… Read more
