B. Chs. 343-346: Traffic offense

Winnebago County v. Thomas J. Roberts, 2023AP1808, District II, 6/12/24 (one-judge decision; ineligible for publication); case activity In a rare appeal of a conviction for speeding, COA easily dispatches Roberts’s arguments given the deferential standard of review for findings of fact. Roberts was cited for speeding after a trooper first visually estimated his speed at… Read more

State v. Joseph S. Schenian, 2023AP2017-CR, 6/5/24, District II (1-judge decision, ineligible for publication); case activity Despite Schenian’s best efforts to do away with a damaging PBT result, COA rejects his arguments and affirms. Schenian drew the attention of police while operating his Jeep, at around 2:30 A.M., with a top-mounted light so bright it… Read more

City of Hartford v. Edward H. White, 2023AP1813 & 2023AP1814, 6/5/24, District II (1-judge decision, ineligible for publication); case activity Although White tries to argue that he was under an unconstitutional constructive arrest when initially seized for suspicion of an OWI offense, COA finds his arguments unavailing and affirms. Officers observed White’s vehicle make an… Read more

State v. Carl Lee McAdory, 2023AP645-CR, 4/12/24, District IV (recommended for publication); petition for review granted 10/7/24 case activity After McAdory persuaded the court of appeals to reverse his OWI conviction and grant him a new trial, the state pulled the “old switcheroo” on McAdory by getting the circuit court to swap his previously dismissed restricted… Read more

State v. Iain A. Johnson, 2022AP389-CR, 4/2/24, District III (1-judge decision, ineligible for publication); case activity Although COA concedes this is a “close case,” it nevertheless concludes that the evidence satisfies the relatively low burden for reasonable suspicion to extend a traffic stop. This police contact began when they received a “driving complaint” about Johnson’s… Read more

State v. Joan L. Stetzer, 2023AP874-CR, 3/27/24, District II (1-judge decision, ineligible for publication); petition for review granted; case activity In a difficult case demonstrating the stringent nature of Wisconsin’s coercion defense, COA affirms the circuit court’s decision that the defense did not apply to Stetzer’s conduct, notwithstanding a medley of uniquely sympathetic facts. At a… Read more

State v. Asif Ahmed, 2023AP1796, 3/14/24, District IV (one-judge appeal; ineligible for publication); case activity Ahmed raises a few different arguments challenging the circuit court’s decision that he improperly refused to submit to a OWI blood draw, but the court of appeals rejects them all, agrees probable cause existed to arrest Ahmed for OWI, and… Read more