State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding: Warrantless search of bedroom upheld as probation/parole search under “special needs” doctrine, notwithstanding presence of police who were conducting a concurrent investigation: ¶15 We conclude, based on the court’s factual findings, that the search of Jones’s room was a… Read more
Published 2008
State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding: Entry of a probationer’s residence to effectuate a probation/parole search was reasonable: ¶22 We reject Jones’s argument. As the circuit court found, Trimble was told by Detective Pertzborn that Jones was sexually involved with a fourteen-year-old girl and… Read more
State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding: ¶24 Wisconsin Admin. Code § DOC 328.21(3)(f) (Dec. 2006) provides that probation or parole agents “may not forcibly enter a locked premises to search it if the client whose living quarters or property it is is not present.” Jones… Read more
State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: The exclusionary rule applies only to government action, not private searches, ¶12. If the State asserts that the action was private in nature the burden shifts to the defendant to prove by governmental involvement, preponderance of evidence, id. … Read more
State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue: Whether the action of a police officer in opening a letter misaddressed to the officer’s residence from a House of Correction inmate was private and therefore outside fourth amendment scrutiny. Holding: ¶13 There appears to be no Wisconsin case addressing the… Read more
State v. Ellen T. Straehler, 2008 WI App 14 For Straehler: Daniel P. Fay Issue: Whether suppression is a remedy for violation of health care privacy laws (HIPAA; § 146.82). Holding1: ¶10 Straehler’s argument does not carry for a number of reasons. First, Straehler ignores the fact that HIPAA is limited in its scope and applicability… Read more
State v. Eugene D. Rhodes, 2008 WI App 32, PFR filed 1/15/08 For Rhodes: Joseph E. Redding Issue/Holding: Counsel’s “forceful” advice that defendant enter a guilty plea wasn’t in and of itself a “fair and just” reason sufficient to require pre-sentencing grant of a motion to withdraw the plea: ¶11 Rhodes proffers his attorney’s “forceful… Read more
State v. Christopher S. Hoppe, 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue: Whether a plea colloquy that merely established that the defendant was “satisfied” he understood “everything in the questionnaire and waiver of rights and the elements of the charges” sufficed under State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12… Read more
