State v. Mata, 230 Wis.2d 567, 602 N.W.2d 158 (Ct. App. 1999) For Mata: Daniel P. Murray. Issue: Whether the police had probable cause to search the passenger of a stopped car, based on the odor of “raw” marijuana. Holding: The odor of marijuana was sufficiently linked to the passenger to justify the search. The police… Read more
Published 1999
State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Holding: After unlawfully intruding on a home’s curtilage and smelling marijuana burning inside the home, an officer approached Wilson and wouldn’t let him go to the bathroom without first patting him down. This, the… Read more
State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Holding: Consent to search was mere acquiescence and therefore involuntary. (“Depriving a defendant of necessities is an indicia that consent is involuntary.”) … Read more
State v. Ronald L. Monarch, 230 Wis.2d 542, 602 N.W.2d 179 (Ct. App. 1999) For Monarch: Craig S. Lambert Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations Holding:: The crime of nonsupport is complete after each… Read more
State v. Mark Inglin, 224 Wis.2d 764, 592 N.W.2d 666 (Ct. App. 1999) For Inglin: Stephen M. Glynn & Robert R. Henak Holding: Inglin argues denial of right to offer an affirmative defense to § 948.31(1)(b), namely that his actions were necessary to prevent mental harm to the child. Although his argument “present[s] an intriguing due… Read more
State v. Mark Inglin, 224 Wis.2d 764, 592 N.W.2d 666 (Ct. App. 1999) For Inglin: Stephen M. Glynn & Robert R. Henak Holding: § 948.31(1)(b) penalizes several different actus reus alternatives, including taking a child away, or withholding a child more than 12 hours beyond court approval. Inglin had his ex-wife’s consent to take their child… Read more
State v. Dawn C. Moline, 229 Wis. 2d 38, 598 N.W.2d 929 (Ct. App. 1999) For Moline: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether prior conviction for possessing drug paraphernalia, § 961.573, qualifies the offender as a repeat drug offender, § 961.48(3). Holding: By this decision, we hold that a prior conviction for possessing drug paraphernalia pursuant to §… Read more
State v. Jonathan V. Manke, 230 Wis.2d 421, 602 N.W.2d 139 (Ct. App. 1999) For Manke: Waring R. Fincke Issue/Holding: After a plea-based sentence has been vacated, and re-sentencing ordered, the “fair and just reason” standard applies to a motion to withdraw the plea: Before considering if Manke met his burden of proof, our initial… Read more
