State v. David J. Bucknell, 2010AP833-CR, District 3, 9/30/10 court of appeals decision (1-judge, not for publication); for Bucknell: Rebecca M. Coffee; BiC; Resp.; Reply A prior conviction, used to enhance a pending charge, may be collaterally attacked on the basis of denial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
B. Chs. 343-346: Traffic offense
Door County v. Andrew M. LaFond, 2010AP976, District 3, 9/28/10 court of appeals decision (1-judge, not for publication); for LaFond: Robert C. Raymond; BiC; Resp.; Reply The court rejects an argument that a driver has a due process right to be informed that a blood sample can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City of Mequon v. James E. Haynor, 2010AP466-FT, District 2, 9/8/10 court of appeals decision (1-judge, not for publication); for Haynor: Peter L. Ramirez; BiC; Resp.; Reply Expert Witness Qualifications – Lab Chemist: Physiological Effects of Drugs The trial court didn’t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State v. David E. Steinke, 2009AP3207-CR, District 4, 8/26/10 court of appeals decision (1-judge, not for publication); for Steinke: Cody Wagner; BiC; Resp.; Reply Driving with a prohibited alcohol content of .08 or more, second offense, is a crime and therefore subject to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
State v. Randall L. Wegener, 2010AP452-CR, District 1, 8/18/10 court of appeals decision (1-judge, not for publication); for Wegener: Kirk B. Obear; BiC; Resp. Reasonable Suspicion – Traffic Stop Inclement winter weather didn’t obviate the need to stay within the proper lane, such that crossing the center line, even briefly a few times, provided reasonable… Read more
State v. Brian K. Sowatzke, 2010 WI App 81; for Sowatzke: Andrew R. Walter; BiC; Resp.; Reply ¶13 Sowatzke had two countable OWI “convictions, suspensions or revocations” (i.e., he had two OWI convictions) at the time he was arrested on May 9; he had a BAC of 0.048 percent at the time he was arrested on… Read more
decision below: 2009 WI App 156; for Carter: Craig M. Kuhary Issues: Do violations of Illinois’ zero tolerance (absolute sobriety) law count as prior offenses for sentence enhancement purposes under Wisconsin’s Operating While Intoxicated (OWI) Law (Wis. Stat. §§ 346.63 and 346.65)? What methodology are trial courts to employ in determining whether to count out-of-state… Read more
supreme court decision; court of appeals decision; for Fischer: James M. Shellow, Robin Shellow, Urszula Tempska Note: federal habeas relief was subequently granted, Richard M. Fischer v. Ozaukee Co. Circ. Ct., ED Wis No. 10-C-553, 9/29/10. Federal appellate and district court cases don’t bind Wisconsin courts, which therefore needn’t follow this habeas decision, e.g., State v. Mechtel… Read more
