City of Sheboygan v. Nathan J. Becker, 2014AP1991, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity (including briefs) After police stopped Becker because of erratic driving at 11:30 p.m. on July 4 they observed additional evidence of impairment—glassy eyes, slurred speech, odor of alcohol. Becker admitted he’d been drinking and turned in a mixed performance on the FSTs. Under the… Read more
B. Chs. 343-346: Traffic offense
City of Stevens Point v. Jared T. Lowery, 2014AP742, 2/5/15; District 4 (1-judge opinion; ineligible for publication); click here for docket and briefs It seems the City didn’t know of Lowery’s two prior OWI convictions when it charged him with, and obtained a conviction for, OWI first under a city ordinance. Only the State (not a city) may… Read more
State v. Benjamin J. Strohman, 2014AP1265-CR, District 3, 2/3/15 (1-judge decision; ineligible for prosecution); case activity (including briefs) Rejecting the state’s arguments that the statute of limitation had been tolled, the court of appeals holds the state could not re-charge Strohman for an OWI offense that was improperly treated as a first offense because the time… Read more
State v. Kyle R. Christoffersen, 2014AP1282, District 2, 1/28/15 (1-judge decision; ineligible for publication); case activity The judge at Christoffersen’s refusal hearing didn’t violate Christoffersen’s due process rights when it limited cross-examination about the arresting officer’s training on, and administration of, field sobriety tests and refused to allow Christoffersen to make an offer of proof by questioning the… Read more
State v. Cassius A. Foster, 2014 WI 131, 12/26/14, affirming a court of appeals summary disposition; majority opinion by Justice Crooks; case activity State v. Alvernest Floyd Kennedy, 2014 WI 132, 12/26/14, affirming an unpublished court of appeals decision; majority opinion by Justice Gableman; case activity State v. Michael R. Tullberg, 2014 WI 134, 12/26/14, affirming a per curiam… Read more
City of Portage v. Kenneth D. Cogdill, 2014AP1492, District 4, 11/20/14 (1-judge decision; ineligible for publication); case activity Police had probable cause to believe Cogdill had been operating a motor vehicle while under the influence of an intoxicant based on the statements of witnesses, the officers’ own observations, and Cogdill’s statements. ¶8 Testimony at the [refusal]… Read more
Consolidated review of two published court of appeals decisions: State v. Weissinger, 2014 WI App 73 (case activity); and State v. Luedtke, 2014 WI App 79 (case activity) Issues (composed by On Point) In light of State v. Dubose, 2005 WI 126, 285 Wis. 2d 143, 699 N.W.2d 582, does the Wisconsin Constitution provide greater due process protection than… Read more
City of Tomah v. Steven Seward, 2014AP735, District 4, 9/25/14 (1-judge; ineligible for publication); case activity Applying State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634, the court of appeals holds there was reasonable suspicion to stop Seward based on a police officer’s observations of his weaving within his lane of travel… Read more
