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/Holding: By this decision, we hold that a prior conviction for possessing drug paraphernalia pursuant to § 961.573, STATS., qualifies as a prior offense under the repeat drug offender statute, § 961.48(3), STATS. …… Read more
Published 1999
State v. Tartorius Allen, 226 Wis.2d 66, 593 N.W.2d 504 (Ct. App. 1999) For Allen: Steven D. Phillips, SPD, Madison Appellate. Holding: A frisk is an intrusion additional to the stop, and requires additional justification about the presence of a weapon, which the court finds: Allen and his companion being in a high-crime area, standing… Read more
State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte. Issue/Holding: The jail assessment in §§ 302.46(1) & 814.60(2)(ag) is contingent on imposition of a fine or forfeiture. Section 814.60(2)(ag), STATS., provides that “[i]n addition to any fine imposed, a defendant shall be required to pay any … [j]ail assessment… Read more
State v. Daniel E. Rohe, 230 Wis.2d 294, 602 N.W.2d 125 (Ct. App. 1999) For Rohe: Charles B. Vetzner, SPD, Madison Appellate. Issue: Whether costs for a sexual assault examination were properly taxable, where the examination neither produced any results nor was used at trial. Holding: Because the examination was part of the state’s investigation… Read more
State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte Issue/Holding: The $20 fee for the clerk of court under § 814.60(1) is allocated on a per-count, rather than per-case, basis. … Read more
State v. Frederick G. Jackson, 229 Wis. 2d 328, 600 N.W.2d 39 (Ct. App. 1999) For Jackson: Allan D. Krezminski Holding: Jackson failed his burden of production that the state violated his rights (more concretely: unless the hospital personnel were acting as state’s agents, there would be no governmental interference with his rights under the fourth… Read more
State v. Dennis Moslavac, 230 Wis. 2d 338, 602 N.W.2d 150 (Ct. App. 1999) For Moslavac: Michael S. Holzman. Issue/Holding: The knock-and-announce rule does not apply when the target premises are unoccupied. Police have authority to forcibly execute a search warrant when the premises are unoccupied. It follows that the knock-and-announce rule doesn’t apply to… Read more
State v. Domingo G. Ramirez, 228 Wis.2d 561, 598 N.W.2d 247 (Ct. App. 1999) For Ramirez: Donald T. Lang, SPD, Madison Appellate. Holding: When the state searches mail prior to delivery to a residence, and the addressee is not a resident, that person has a (“minimal”) burden of establishing some reasonable expectation of privacy in the… Read more
