State v. Daniel J. Machgan, 2007 WI App 263 For Machgan: Patrick M. Donnelly Issue/Holding: An out-of-state administrative DL suspension, not the result of a refusal, isn’t counted as a “conviction” for purposes of OWI enhancement: ¶12 After examination of these relevant statutes, we conclude that Wis. Stat. § 343.307, as the specific statute addressing out-of-state convictions, suspensions or revocations that… Read more
Published 2006
Root v. Saul, 2006 WI App 106 For Root: Thomas E. Hayes Issue/Holding: Either slapping or punching someone in the face “is certainly conduct that can provoke others to attack”; and, because Saul indisputably slapped or punched Root in the face the jury could have found Saul the initial aggressor, the jury should have been… Read more
State v. Andrew J.K., 2006 WI App 126 For Andrew J.K.: George M. Tauscheck Issue/Holding: Where a juvenile, in response to a State’s motion to lift a stay on corrections commitment, stipulated to placement in a local program, his subsequent termination from that program subjected him to a lifting of the stay notwithstanding that the… Read more
Dane County DHS v. Susan P.S., 2006 WI App 100, PFR filed 5/15/06 Issue/Holding: Holding the dispositional hearing beyond the 45-day time limit set by § 48.424(4) did not deprive the trial court of competency to proceed, where good cause existed for continuance under § 48.315(2), namely that the respondent’s attorney was going to be… Read more
Dane County DHS v. Susan P.S., 2006 WI App 100, PFR filed 5/15/06 Issue/Holding: Holding the dispositional hearing beyond the 45-day time limit set by § 48.424(4) did not deprive the trial court of competency to proceed, where good cause existed for continuance under § 48.315(2), namely that the respondent’s attorney was going to be… Read more
State v. Thomas G. Kramer, 2006 WI App 133, PFR filed 7/10 For Kramer: Timothy A. Provis Issue: Whether pre-custodial assertion (during standoff with police) of right to counsel barred interrogation following subsequent arrest. Holding: ¶13 Hassel is dispositive here. … Observing that Miranda safeguards apply only to custodial interrogations and that Hassel did not argue he was in custody when… Read more
State v. Yediael Yokrawn Backstrom, 2006 WI App 114 For Backstrom: Timothy A. Provis Issue: Whether re-administration of Miranda warnings was necessary where the suspect had previously waived those rights following a “full and proper recitation twenty-one hours earlier.” Holding: ¶11 Based on the record presented, we conclude that the trial court did not err in failing to suppress… Read more
State v. Thomas G. Kramer, 2006 WI App 133, PFR filed 7/10 For Kramer: Timothy A. Provis Issue1: Whether failure to electronically record Kramer’s interrogations requires suppression. Holding1: Although the supreme court exercised supervisory authority granted it under Wis. Const. Art. VII, § 7, to require recording of juvenile interrogations, State v. Jerrell C.J., 2005 WI 105, the grant… Read more
