State v. Michael A. Barahona, 2010AP1324, District 4, 10/21/10 court of appeals decision (1-judge, not for publication); for Barahona: Walter A. Piel, Jr.; BiC; Resp.; Reply ¶14 The undisputed facts as disclosed from the record reveal the following: (1) Marks observed Barahona’s vehicle driving in the wrong direction in the eastbound lane of Campus Drive… Read more
B. Chs. 343-346: Traffic offense
State v. Daniel H. Hanson, 2010 WI App 146 (recommended for publication), affirmed 2012 WI 4; for Hanson: Chad A. Lanning; case activity Fleeing, § 346.04(3) Can you criminally “flee” the police, if what you’re actually doing is driving to the nearest police station to escape what you believe to be a beating at the hands… Read more
court of appeals decision (recommended for publication); for Batt: Chad A. Lanning; BiC; Resp.; Reply OWI – Implied Consent Law – § 343.305(5)(a) Testing Construing State v. Stary, 187 Wis. 2d 266, 522 N.W.2d 32 (Ct. App. 1994), the court concludes that the Implied Consent law affords the driver the right to choose testing administered by… Read more
federal habeas decision (pdf file: here), granting relief in State v. Fischer, 2010 WI 6; respondent’s Rule 59 motion to amend judgment denied 1/7/11 Habeas Review – Right to Present Defense – Expert Opinion, Based PBT Preventing Fisher from adducing expert opinion he wasn’t driving with a prohibited alcohol content based on analysis of his PBT… Read more
State v. David J. Bucknell, 2010AP833-CR, District 3, 9/30/10 court of appeals decision (1-judge, not for publication); for Bucknell: Rebecca M. Coffee; BiC; Resp.; Reply A prior conviction, used to enhance a pending charge, may be collaterally attacked on the basis of denial of the 6th amendment right to counsel. Because “it is clear from… Read more
Door County v. Andrew M. LaFond, 2010AP976, District 3, 9/28/10 court of appeals decision (1-judge, not for publication); for LaFond: Robert C. Raymond; BiC; Resp.; Reply The court rejects an argument that a driver has a due process right to be informed that a blood sample can be taken forcibly upon refusal to consent to… Read more
City of Mequon v. James E. Haynor, 2010AP466-FT, District 2, 9/8/10 court of appeals decision (1-judge, not for publication); for Haynor: Peter L. Ramirez; BiC; Resp.; Reply Expert Witness Qualifications – Lab Chemist: Physiological Effects of Drugs The trial court didn’t erroneously exercise discretion in qualifying as an expert, the supervisor of forensic toxicology at the Wisconsin State Laboratory of Hygiene on the matter… Read more
State v. David E. Steinke, 2009AP3207-CR, District 4, 8/26/10 court of appeals decision (1-judge, not for publication); for Steinke: Cody Wagner; BiC; Resp.; Reply Driving with a prohibited alcohol content of .08 or more, second offense, is a crime and therefore subject to beyond-reasonable-doubt burden of proof. Sitting as trier of fact in a bench… Read more
