State v. Heidi L. Fleischmann, 2011AP2558-CR, District 3, 3/20/12 court of appeals decision (1-judge, not for publication); for Fleischmann: Sarvan Singh; case activity The State satisfied its burden of proving that Fleischmann operation of a motor vehicle, in a parking lot adjacent to an empty business building, was on “premises held out to the public… Read more
B. Chs. 343-346: Traffic offense
State v. Todd M. Anderson, 2011AP1499-CR, District 2, 3/14/12 court of appeals decision (1-judge, not for publication); for Anderson: pro se; case activity Frozen Lake Winnebago is a public “premises” within § 346.61, therefore supports prosecution for operating a vehicle on the lake while intoxicated. City of Kenosha v. Phillips, 142 Wis. 2d 549, 419 N.W.2d… Read more
State v. Michael A. Imbruglia, 2011AP1373-CR, District 2, 2/8/12 court of appeals decision (1-judge, not for publication); for Imbruglia: Rick Ramirez; case activity In circuit court, Imbruglia successfully challenged use of a Colorado conviction as an OWI enhancer (on the ground that statute isn’t “substantially similar” to Wisconsin’s). However, after another OWI arrest the very next day… Read more
State v. Daniel H. Hanson, 2012 WI 4, affirming 2010 WI App 146; for Hanson: Robert R. Henak, Chad Lanning; case activity Fleeing, § 346.04(3) – Elements: “Willful or Wanton Disregard” Fleeing does not require “an evil or malicious state of mind” when disregarding an officer’s signal: ¶22 In Wis. Stat. § 346.04(3), “willful” modifies “disregard.” In that context, “willful” requires… Read more
on review of published opinion; for Anagnos: Barry S. Cohen; case activity; prior post Traffic Stop – Reasonable Suspicion – OWI Refusal Hearing Challenge to Arrest Issues (composed by On Point): 1. Whether the officer could lawfully stop Anagnos’ vehicle for failing to use a turn signal where neither traffic nor pedestrians were present, § 346.34(1)(b). 2. Whether the officer… Read more
State v. James W. Warren, 2012AP1727-CR, District 2, 1/16/13 Court of appeals decision (1 judge, not eligible for publication); case activity OWI — admissibility of opinion based on field sobriety tests Police officer testimony that, based on his training and experience, “the field tests are a reliable indicator of whether someone is .08 or higher”… Read more
City of Beloit v. Steven A. Herbst, Sr., 2010AP2197, District 4, 1/12/12 court of appeals decision (1-judge, not for publication); for Herbst: Tracey A. Wood; case activity Evidence held sufficient to support OWI conviction, where Herbst was found in parked car, slumped over the steering wheel with the engine running, along with evidence that the designated driver… Read more
court of appeals decision (1-judge, not for publication); for Gracia: Tracey A. Wood; case activity; petition for review granted 5/14/12 Warrantless Entry – Community Caretaker Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine; State v. Ultsch, 2011 WI App 17, 331 Wis. 2d… Read more
