State v. Ibrahim Begicevic, 2004 WI App 57 For Begicevic: Donna J. Kuchler Issue/Holding: ¶6. Kennedy had reasonable suspicion to conduct an investigative stop. Viewed in isolation, some of what she observed was lawful behavior. It is lawful for a car to be on the roadway at 1:30 a.m. It is lawful for a car… Read more
Published 2004
State v. Tabitha A. Sherry, 2004 WI App 207, PFR filed 11/19/04 For Sherry: Craig R. Day Issue: Whether an anonymous tip – to “Crime Stoppers,” predicting that a particularly described car with a specified license plate would be transporting a large amount of marijuana between neighboring towns – contained sufficient indicia of reliability to provide… Read more
State v. Edward Leon Jackson, 2004 WI App 190, PFR filed 10/15/04 For Jackson: Meredith J. Ross, LAIP, UW Law School Issue/Holding: ¶2 In 1996, Jackson admitted to his role in a plan to fire bomb a Milwaukee police officer’s home. Jackson and two other men conspired to fire bomb the house, enabling two others to… Read more
State v. Brandon L. Mason, 2004 WI App 176 For Dawson: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: The felony murder statute, § 940.03 (1999-2000), contains characteristics suggestive of both penalty enhancers (it adds a specified term to the maximum penalty applicable to the underlying crime), ¶15, and also substantive offenses (it is located in a chapter… Read more
State v. Sylvester Sigarroa, 2004 WI App 16, PFR filed 1/2/04 For Sigarroa: John Pray, UW Law School Issue/Holding: ¶14. The State and Sigarroa propose different tests for determining the constitutionality of a warrantless garbage search… . … ¶16. Both parties are able to cite case law in support of their competing approaches. However, upon close… Read more
State v. Eugene M. Perkins, 2004 WI App 213, PFR filed 11/9/04 For Perkins: Jeffrey W. Jensen Issue Whether expert testimony is required to establish the victim’s mental illness, an element of § 940.225(2)(c). Holding: This element may be shown through credible lay opinion testimony: ¶17 Here, the State had to prove four things: (1)… Read more
State v. John F. Powers, 2004 WI App 156 For Powers: Marcus J. Berghahn; John D. Hyland Issue/Holding: An employee of the Tomah VA Medical Center is not an employee of an in-patient treatment facility within the meaning of §§ 940.225(2)(g), 940.295(2)(b), (c), (h), (k), and 50.135(1), because the Center is not licensed or approved… Read more
State v. Walter Leutenegger, 2004 WI App 127 For Leutenegger: Bill Ginsberg Issue/Holding: ¶21 n. 5: The State does not challenge the circuit court’s holding that the garage was part of the curtilage of Leutenegger’s house and subject to the warrant requirement. This implicit concession appears appropriate in this case. Published decisions on this topic consistently hold that… Read more
