State v. John David Ohlinger, 2009 WI App 44, PFR filed 4/1/09 For Ohlinger: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether, for purposes of authorizing one-party consent under WESCL, “a person acting under color of law” may be a law enforcement officer. Holding: ¶2 [H]e contends that Wis. Stat. § 968.31(2)(b), commonly referred to as the one-party consent… Read more
Published 2009
State v. Garrett L. Huff, 2009 WI App 92, PFR filed 6/3/09 For Huff: Jeffrey W. Jensen Issue/Holding: Impossibility of fulfilling goal of conspiracy (here: election bribery, where other “conspirators” were undercover officers ineligible to vote) doesn’t preclude conviction, given Wisconsin’s recognition of “unilateral” conspiracies, State v. Sample, 215 Wis. 2d 487, 573 N.W.2d 187 (1998): ¶11 … Thus… Read more
State v. Dwan J. Earl, 2009 WI App 99 For Earl: Mark D. Richards, Christy Marie Hall Issue/Holding: Earl did not satisfy the “initial minimal burden of establishing some reasonable expectation of privacy” in a package addressed to a fictitious recipient at a vacant residence; moreover, when Earl picked up the package from the driver he… Read more
State v. Dwan J. Earl, 2009 WI App 99 For Earl: Mark D. Richards, Christy Marie Hall Issue/Holding: ¶9 Sealed packages sent through the mail are entitled to full protection under the Fourth Amendment. United States v. Jacobsen, 466 U.S. 109, 114 (1984). In order to challenge a warrantless search or seizure, one must show a… Read more
State v. Dennis E. Bailey, 2009 WI App 140 For Bailey: Jeffrey W. Jensen Issue/Holding1: The police have authority to stop a vehicle for an equipment violation of an administrative code provision incorporated under local ordinance: ¶17 Wisconsin Stat. § 349.02(2)(a) and (b) expressly allow a police officer to stop a vehicle for violation of a statute… Read more
State v. Dennis E. Bailey, 2009 WI App 140 For Bailey: Jeffrey W. Jensen Issue/Holding: Court upholds frisk of vehicle, following stop for minor equipment violation (excessive window tint) in high crime area, where driver made furtive gesture (kicking motions under front seat) and officer testified that he saw a bag, which he thought contained a… Read more
State v. Paul Anthony Butler, 2009 WI App 52, PFR filed 4/20/09 For Butler: Trisha R. Stewart Martin Issue/Holding: “Frisk” of car supported by concern driver had gun, in that he was wearing an empty gun holster, ¶16. … Read more
State v. Jeremy Denton, 2009 WI App 78 / State v. Aubrey W. Dahl, 2009 WI App 78 For Denton: Paul G. Bonneson For Dahl: Patrick M. Donnelly Issue/Holding: Though merely incidental to robbery, kidnapping charge is supported on theory that ordering the victim to relinquish property holds that person to service against his or her will… Read more
