State v. Lawrencia Ann Bembenek, 2006 WI App 198, PFR filed 10/3/06 For Bembenek: Joseph F. Owens, Woehrer, Mary L. Issue: Whether Bembenek’s postconviction motion for DNA testing at State’s expense, as part of an effort to establish her innocence, was barred by her plea agreement whose terms included waiver of her right to direct… Read more
Published 2006
State v. John L. Kueny, 2006 WI App 197, PFR filed 10/19/06 For Kueny: James R. Lucius Issue: Whether “actual physical possession” of weapons is necessary to support forfeiture under § 968.20(1m)(b). Holding: ¶9 Kueny argues that he effectively did not have possession of the firearms. He reminds us that he had had no contact with the… Read more
State v. John L. Kueny, 2006 WI App 197, PFR filed 10/19/06 For Kueny: James R. Lucius Issue: Whether the weapon must have been used in the crime of conviction in order to be subject to forfeiture. Holding: ¶11 Kueny misreads the plain language and misses a nuance of the statute. Wisconsin Stat. § 968.20(1m)(b) forbids returning weapons… Read more
State v. Joseph R. Luebeck, 2006 WI App 87, (State’s) PFR filed 5/17/06 For Luebeck: Alex Flynn; Adam B. Stephens; Rebecca Robin Lawnicki Issue: Whether the traffic stop, valid at inception, was impermissibly extended so as to invalidate consent to search the car. Holding: ¶14 … (I)n its decision reaffirming the order granting Luebeck’s motion to suppress the evidence, the circuit court… Read more
State v. Calvin R. Kolk, 2006 WI App 261 For Kolk: Michael Zell Issue/Holding: ¶12 … Though there is some confusion in the case law, we believe that the distinction is that a confidential informant is a person, often with a criminal past him- or herself, who assists the police in identifying and catching criminals… Read more
State v. Calvin R. Kolk, 2006 WI App 261 For Kolk: Michael Zell Issue/Holding: Information provided by a named, citizen informant (that Kolk had picked up drugs in Milwaukee and would be driving to Madison) was insufficiently reliable to support reasonable suspicion of criminal activity: ¶17 To recapitulate, the police were able to corroborate: (1) Kolk’s… Read more
State v. Eugene Patton, 2006 WI App 235 For Patton: Daniel R. Clausz Issue/Holding ¶10 Under appropriate circumstances, an informant’s tip can provide a law enforcement officer with reasonable suspicion to effectuate a Terry stop. Rutzinski, 241 Wis. 2d 729, ¶17; J.L., 529 U.S. at 270. However, before acting on an informant’s tip, the police must consider its reliability and content. Rutzinski, 241… Read more
State v. Eugene Patton, 2006 WI App 235 For Patton: Daniel R. Clausz Issue: Whether the police had reasonable suspicion to detain on the basis of an anonymous tip, where the suspects not only matched the description of the anonymously-reported armed robbery, but also engaged in potentially suspicious behavior in response to police presence. Holding: ¶21 Thus, the instant… Read more
