Walworth County v. James E. Robinson, Jr., 2015AP2504-FT, 5/18/16, District 2 (one-judge decision; ineligible for publication); case activity (including memo briefs) The County needed to prove Robinson drove his motor vehicle on a highway while under the influence of a drug to a degree which rendered him incapable of safely driving, § 346.63(1)(a). It succeeded. It succeeded by presenting… Read more
3. Evidence
State v. Melvin P. Vongvay, 2015AP1827-CR, District 2, 5/4/2016 (one-judge decision; ineligible for publication); case activity (including briefs) Wisconsin Stat. § 885.235(1g) makes a blood alcohol test automatically admissible in a drunk driving prosecution if the blood is drawn within three hours of the alleged driving. The court here holds that an officer who was running… Read more
On review of a court of appeals certification; case activity (including briefs) Issue (from certification) This appeal presents a single recurring issue: whether provisions in Wisconsin’s implied consent law authorizing a warrantless blood draw from an unconscious suspect violate the Fourth Amendment to the United States Constitution. More specifically, the issue is whether the “implied… Read more
Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by On Point) What is required to show that an evidentiary blood draw was conducted by a “person acting under the direction of a physician” for purposes of Wis. Stat. § 343.305(5)(b)? Under § 343.305(5)(b), a person arrested for an OWI-related offense may be… Read more
State v. Robert A. Schoengarth, 2015AP1834-CR, 2/11/16, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court erroneously exercised its discretion when it ordered that police could not testify about Schoengarth’s performance on field sobriety tests. The judge apparently accepted Schoengarth’s argument that exclusion was appropriate because he had agreed to do… Read more
State v. David W. Howes, 2014AP1870-CR, 1/28/16, District 4; certification granted 4/7/16, reversed, 2017 WI 18; case activity (including briefs) Issue: This appeal presents a single recurring issue: whether provisions in Wisconsin’s implied consent law authorizing a warrantless blood draw from an unconscious suspect violate the Fourth Amendment to the United States Constitution. More specifically, the issue… Read more
County of Eau Claire v. Susan M. Sandas, 2015AP612 & 2015AP613, 1/20/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) The evidence was sufficient to prove Sandas was operating while intoxicated due to her use of Oxycodone and Fluoxitine despite the testimony from her primary care doctor that he had no evidence she… Read more
State v. Bradley A. Anderson, 2015AP1573-CR, 12/23/15, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Anderson’s consent to a blood draw after his OWI arrest was not vitiated by being told that, if he refused the blood draw, his driving privileges would be revoked and the officer would get a warrant for a blood… Read more
