State v. Brian K. Goodson, 2009 WI App 107 For Goodson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶9 Objective bias can exist in two situations. The first is where there is the appearance of bias, Gudgeon, 295 Wis. 2d 189, ¶¶23-24. “[T]he appearance of bias offends constitutional due process principles whenever a reasonable person—taking into… Read more
Published 2009
Recusal – Judicial Bias – Prejudgment of Issue: Effectuated Threat to Impose Maximum upon Revocation
State v. Brian K. Goodson, 2009 WI App 107 For Goodson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: The reconfinement judge should have recused himself, given that at original disposition he threatened to impose the maximum if the defendant was returned to court on revocation; State v. Gudgeon, 2006 WI App 143, deemed controlling: ¶12 The same… Read more
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding1: Viewing of memory stick, concededly obtained in “private” search not covered by 4th amendment, ¶13 n. 6, by off-duty police lieutenant who was defendant’s brother-in-law, was not a “government search”: ¶14 “Private searches are not subject to the Fourth Amendment’s… Read more
State v. Paul Anthony Butler, 2009 WI App 52, PFR filed 4/20/09 For Butler: Trisha R. Stewart Martin Issue/Holding: Seizure and detention by security guard, until police arrived to conduct search, didn’t amount to government action so as to trigger 4th amendment analysis, under 3-factor test of State v. Tomas Payano-Roman, 2006 WI 47: ¶14 As we see from Butler’s… Read more
State v. William Allen Wisth, 2009 WI App 53, PFR filed 4/29/09 For Wisth: Jeremy Perri, SPD, MilwaukeeAppellate Issue/Holding: Defendant not entitled to request substitution of judge assigned to sentencing following revocation; § 971.20(5) is limited to pre-guilt phases: ¶14 We conclude that the plain meaning of Wis. Stat. § 971.20(5) is that substitution is permitted only prior… Read more
State v. Colin G. Schloegel, 2009 WI App 85 For Schloegel: Sarvan Singh Issue/Holding1: School grounds are extended to the school parking lot, so that the test for searches of students, New Jersey v. T.L.O., 469 U.S. 325 (1985), applies to search of a student’s car parked in the lot, ¶¶15-19. Issue/Holding2: Search of student’s car in school… Read more
State v. Patrick R. Patterson, 2009 WI App 161 For Patterson: David R. Karpe Issue/Holding: ¶29 We will assume, for purposes of Patterson’s argument, that the definition of “juvenile” in Wis. Stat. § 938.02 applies for purposes of defining “delinquency” in Wis. Stat. § 948.40. Nonetheless, Patterson’s statutory analysis ignores the fact that a seventeen-year-old is only… Read more
State v. Patrick R. Patterson, 2009 WI App 161 For Patterson: David R. Karpe Issue/Holding: ¶25 There is no dispute that testing revealed that Tanya S. had Oxycodone in her system at the relevant time. However, as Patterson argues, the presence of drugs in someone’s system, standing alone, is not sufficient evidence to support a… Read more
