Village of Menomonee Falls v. Jesse Schaefer, 2010AP2485, District 2, 5/18/11 court of appeals decision (1-judge, not for publication); for Schaefer: James A. Gramling, Jr.; case activity ¶4 As a threshold matter, we address the Village’s contention that the municipal court lacked competency to proceed on Schaefer’s Wis. Stat. § 806.07 motion to reopen. Whether a court… Read more
B. Chs. 343-346: Traffic offense
State v. Marilee Devries, 2011 WI App 78 (recommended for publication); for Devries: Matthew S. Pinix; case activity OWI – Repeater – Proof, Prior “Conviction” Certified copies of proceedings in foreign jurisdictions established adequate proof of prior OWI “connvictions,” § 343.307(1)(d). ¶9 When Wisconsin’s driving laws provide for the enhancement of penalties for a current… Read more
State v. Brian M. Joski, 2010AP2223-CR, District 3, 5/3/11 court of appeals decision (1-judge, not for publication); for Joski: Thomas J. Coaty; case activity A prior conviction used to enhance a new sentence may be collaterally attacked on the basis of violation of right to counsel, in other words, that the defendant didn’t validly waive counsel within… Read more
State v. George McGee, 2010AP3040-CR, District 3, 4/26/11 court of appeals decision (1-judge, not for publication); for McGee: Steven G. Richards; case activity McGee’s collateral attack on a prior OWI conviction used to enhance his present sentence is necessarily limited to denial of the constitutional right to counsel, ¶5. Although McGee represented himself in the challenged prior… Read more
State v. Joe R. Hechimovich, 2010AP2897-CR, District 4, 4/7/11 court of appeals decision (1-judge, not for publication); for Hechimovich: Corey C. Chirafisi; case activity Compliance with implied consent law found. Although Hechimovich initially requested a breath test, after his blood was drawn at the hospital, the deputy “gave ample opportunity” during a 10-minute period for Hechimovich to renew… Read more
State v. Bradley A. Faber, 2010AP2325-CR , District 2, 3/23/11 court of appeals decision (1-judge, not for publication); for Faber: Susan E. Alesia, SPD, Madison Appellate; case activity ¶1 The State of Wisconsin appeals from an order of the circuit court dismissing the criminal charges against Bradley A. Faber. Faber was issued a pair of… Read more
State v. Gerard W. Carter, 2010 WI 132, reversing 2009 WI App 156; for Carter: Craig M. Kuhary; State BiC; Carter Resp.; Reply Prior DL suspension under Illinois’ “zero tolerance” law (which suspends or revokes operating privileges of drivers under legal drinking age with any alcohol concentration) satisfies § 343.307(1)(d) and therefore supports OWI enhancement, § 346.65(2). Court of appeals holding… Read more
State v. Robert J. Ruggles, 2010AP1587, District 2, 11/3/10 court of appeals decision (1-judge, not for publication); for Ruggles: Robert C. Raymond; BiC; Resp. A driver doesn’t have a constitutional right to be informed that a blood draw could be performed without his consent. ¶9 It is well established that there is no constitutional right to… Read more
