State v. James L. Larson, 2003 WI App 150 For Larson: Rex Anderegg Issue/Holding: A police officer’s stepping into the threshold of an apartment, preventing the occupant from closing the door, amounted to an “entry,” thereby triggering the fourth amendment warrant requirement. ¶¶10-11, following State v. Johnson, 177 Wis. 2d 224, 227, 501 N.W.2d 876 (Ct. App… Read more
Published 2003
State v. One 1997 Ford and David Beck, 2003 WI App 128, PFR filed 6/6/03 For Beck: Adam B. Stephens, Alex Flynn Issue/Holding: Right to seek adjournment of a forfeiture action until after “adjudication” of the underlying criminal proceeding, § 973.076(2), terminates upon trial-level disposition: ¶18. While the term “adjudication” is not itself specifically defined in the statutes… Read more
State v. One 1997 Ford and David Beck, 2003 WI App 128, PFR filed 6/6/03 For Beck: Adam B. Stephens, Alex Flynn Issue/Holding: Although a party must “show strict compliance with the requirements of” § 801.10(4)(a) when service is challenged, it is not necessary to “submit an affidavit in which the process server specifically states that he or she… Read more
State v. Guy W. Colstad, 2003 WI App 25 For Colstad: T. Christopher Kelly Issue/Holding: Continued detention, in order to administer field sobriety tests, was supported by reasonable suspicion, given the defendant-driver’s mild odor of alcohol as well as ambiguity surrounding the cause of the fatal accident. “Thus, one reasonable possibility was that Colstad struck the… Read more
State v. Guy W. Colstad, 2003 WI App 25 For Colstad: T. Christopher Kelly Issue/Holding: Prolonged detention of the driver at the scene of a fatal accident did not transmute a temporary stop into an arrest: ¶17 Colstad argues that the duration of his detention was unreasonable because the officer directed him to wait, instead of… Read more
State v. Bruce A. Kassube, 2003 WI App 64 For Kassube: Leonard D. Kachinsky Issue/Holding: ¶7. We conclude, however, that the totality of the circumstances supports a reasonable basis for James’s suspicion. James had known Kassube between nine and twelve years and had never known Kassube to have a driver’s license at any time during… Read more
State v. Guy W. Colstad, 2003 WI App 25 For Colstad: T. Christopher Kelly Issue/Holding: Although some United States Supreme Court cases seemingly assume that probable cause is required to support a stop for civil infractions, state precedent allows such a stop on reasonable suspicion, ¶12. The stop in this case is upheld: ¶14 The undisputed… Read more
State v. James F. Brienzo, 2003 WI App 203, PFR filed 10/10/03 For Brienzo: Jerome F. Buting Issue: Whether attempted sexual assault of a child (by intercourse), § 948.02(2), is a crime known to law, in that the offense lacks an intent element and any crime of intent, § 939.32, requires specific intent for the completed act… Read more
