State v. David Francis Walloch, 2015AP574, District 2, 8/26/16 (one-judge decision; ineligible for publication); case activity (including briefs) The evidence presented at Walloch’s refusal hearing supported the finding that Walloch was the person the officers arrested and who refused to submit to chemical testing. ¶7 Both officers confirmed that they identified the person they had arrested… Read more
B. Chs. 343-346: Traffic offense
State v. James Michael Warren, 2014AP792-CR, District 3, 8/4/15 (one-judge decision; ineligible for publication); case activity (including briefs) Under State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), which was the law at the time of Warren’s arrest, a person must present their reasonable objection and the basis for the objection at the… Read more
Oneida County v. Randall J. Busarow, 2014AP2766, District 3, 7/28/15 (one-judge decision; ineligible for publication); case activity (including briefs) Though there wasn’t direct evidence of exactly when Busarow drove and whether he was intoxicated at that time, the state need not prove the elements of an offense only by direct evidence; reasonable inferences from the… Read more
State v. Robert C. Blankenheim, 2015AP239-CR, District 2, 7/8/15 (one-judge decision; ineligible for publication); case activity (including briefs) Blankenheim’s challenges his OAR conviction by arguing that he was unlawfully stopped, that the evidence wasn’t sufficient to prove operation on a highway, and that the police officer wasn’t a credible witness. The court of appeals disagrees “on all points….” (¶1)… Read more
State v. John N. Navrestad, 2014AP2273, District 4, 7/2/15 (one-judge decision; ineligible for publication); case activity (including briefs) Disagreeing with the result reached in two recent unpublished decisions that addressed the same issue, a court of appeals judge holds that a circuit court had jurisdiction to convict Navrestad of OWI 1st in violation of a… Read more
Ozaukee County v. Michael T. Sheedy, 2015AP172, 6/3/15, District 3 (1-judge decision, ineligible for publication); click here for docket and briefs Sheedy was arrested for OWI and refused to submit to a blood test. A few weeks later, the circuit court entered a default judgement against him. On appeal, Sheedy, pro se, argued that he… Read more
County of Sauk v. Thomas D. McDonald, 2014AP1921, District 4, 5/7/15 (one-judge decision; ineligible for publication); case activity (including briefs) McDonald was arrested for OWI and taken to the county jail, where his blood was drawn by a paramedic employed by the city’s ambulance service. Contrary to McDonald’s claims, his blood draw was constitutionally reasonable and… Read more
Village of DeForest v. Michael Brault, 2014AP2398, District 4, 4/16/16 (one-judge decision; ineligible for publication); case activity (including briefs) Brault’s challenge to the sufficiency of the evidence for his conviction for OWI 1st is frivolous, so sanctions under Rule 809.25(3) are appropriate. Brault claimed the evidence was insufficient because the circuit court’s verdict relied on the arresting… Read more
