State v. Dwight Glen Jones, 2007 WI App 248 For Jones: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶13 Although an indigent defendant does not have the right to pick his or her trial lawyer, Mulkovich v. State, 73 Wis. 2d 464, 474, 243 N.W.2d 198, 203–204 (1976) (“This court has frequently said that, except in… Read more
Published 2007
State v. Ahern Ramel, 2007 WI App 271 For Ramel: Wm. Tyroler, SPD, Milwaukee Appellate Issue/Holding: ¶14 A fine that an offender has the ability to pay may satisfy sentencing objectives the trial court has found to be material and relevant to the particular defendant. See id. Here, however, with no explanation from the sentencing court of how… Read more
State v. Aprylann Wuteska, 2007 WI App 157, PFR filed 6/14/07 For Wuteska: Mark H. Bennett Issue/Holding: The plain text of § 346.67(1)(a) requires the operator of a vehicle involved in an accident resulting in injury to a person or damage to a vehicle to identify him or herself as the operator: ¶13 Applying these principles, we… Read more
State v. Dawn R. Dartez, 2007 WI App 126, PFR filed 4/23 For Dartez: Bill Ginsberg Issue/Holding: The definition of “highway” for purposes of the hit-and-run statute, § 346.67(1), is found in § 340.01(22), ¶ n. 3… Read more
State v. Dawn R. Dartez, 2007 WI App 126, PFR filed 4/23 For Dartez: Bill Ginsberg Issue: Whether hit-and-run liability attaches to an accident occurring on private property. Holding: ¶13 In this case, as already noted, we are concerned with the meaning of “accident” in Wis. Stat. § 346.67(1) in conjunction with the requirement of “upon the highway”… Read more
State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: ¶7 … Because the implied consent law makes no provision for the right to counsel, an officer is correct to record a refusal if the arrestee insists on speaking to an attorney before answering.…¶8 … County of Ozaukee v. Quelle, 198… Read more
State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: Administering Miranda rights prior to the “Informing the Accused” caution applicable to OWI does not invalidate the latter (at least where the motorist is concurrently under arrest for a separate crime): ¶14 There is no dispute that Thomas read Kliss the Miranda warning… Read more
State v. Jonathan J. Hubbard, 2007 WI App 240, (AG’s) PFR filed 11/20/07 For Hubbard: Steven Zaleski Issue/Holding: The construction of “materially impaired” by State v. Waalen, 130 Wis. 2d 18, 27, 386 N.W.2d 47 (1986), clarifies the meaning of that OWI element: ¶9 In Waalen, … (t)he court stated that material impairment “exists when a person is incapable… Read more
