Village of Elm Grove v. Richard K. Brefka, 2011AP2888, District 1/2, 6/19/12, WSC review granted 11/14/12 court of appeals decision (1-judge, ineligible for publication), supreme court review granted 11/14/12; case activity The municipal court lacks competence to extend the 10-day time deadline for requesting a refusal hearings, given the clear language of §§ 343.305(9)(a)4. and (10)(a). Village of… Read more
B. Chs. 343-346: Traffic offense
State v. James Ralph Whitwell, 2011AP1342-CR, District 3/4, 5/24/12 court of appeals decision (not recommended for publication); for Whitwell: Jefren E. Olsen, Chandra N. Harvey, SPD, Madison Appellate; case activity Whitwell challenges a warrantless blood draw, on related grounds: he objected at the time, informing officials that he suffered from a medical condition that made… Read more
on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack Issues (Composed by On Point): Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident. Whether Gracia’s waiver of counsel in a prior… Read more
State v. Casey D. Schwandt, 2011AP2301-CR, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Schwandt: Erik C. Johnson; case activity Schwandt made a prima facie showing that he did not validly waive counsel in a 1997 OWI conviction used as a penalty enhancer. General Principles. ¶5 A defendant may collaterally attack a prior… Read more
State v. Michael F. Hyzy, 2011AP2503-CR, District 2, 5/2/12 court of appeals decision (1-judge, not for publication); for Hyzy: Jefren E. Olsen, SPD, Madison Appellate; case activity Evidence held sufficient to uphold OWI guilty verdict, against argument of failure of proof that roadways of gated community were “held out to the public for use of… Read more
court of appeals decision; for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; prior post Elements, Fleeing, § 346.04(3) – Instructions – Sufficiency of Proof – Harmless Error Issues (from Beamon’s Petition for Review): Is a jury instruction which describes the factual theory alleged to satisfy an element legally erroneous? In a criminal case, are the instructions… Read more
State v. David D. Austin, 2011AP1042, District 1, 4/10/12 court of appeals decision (1-judge, not for publication); pro se; case activity Because Austin was no longer in custody under the conviction he sought to collaterally attack pursuant to § 974.06, the court lacked jurisdiction to entertain his motion. It is not enough that he was in… Read more
State v. Traci L. Scott, 2011AP2115-CR, District 2, 3/21/12 court of appeals decision (1-judge, not for publication); for Scott: Rex Anderegg; case activity The court rejects Scott’s challenge to a prior OWI conviction, concluding that she aware of the range of punishments, dangers of self-representation, etc. General test recited: ¶2 A defendant facing an enhanced sentence… Read more
