State v. James A. Culver, 2018AP799-CR, District 4, 7/25/19 (not recommended for publication); case activity (including briefs) Back in 2008 Culver was convicted and sentenced for OWI, fifth offense, with a minor in the car, which doubles the minimum and maximum penalties, § 346.65(2)(f). Now that his extended supervision (ES) is being revoked he challenges the… Read more
9. Crimes
State v. Lonnie P. Ayotte, Jr., 2018AP839-CR, 7/25/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Like Jessica Randall, Ayotte consented to a blood draw after his OWI arrest but then asserted his right to privacy in his blood and told authorities they couldn’t test his blood for alcohol without a warrant… Read more
State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to a blood draw cannot prevent the testing of the blood sample for alcohol or drugs by… Read more
State v. Kelly James Kloss, 2018AP651-CR, petition and cross petition for review of a published court of appeals decision, both granted 6/11/19; case activity (including briefs) Issues: Is solicitation of first degree reckless injury a crime under Wisconsin law? Is solicitation of first degree recklessly endangering safety a lesser included offense of first degree reckless… Read more
United States v. Dennis Franklin and Shane Sahm, 2019 WI 64, 6/6/19, answering a question certified by the Seventh Circuit; case activity (including briefs) For state practitioners, the most interesting thing about Franklin is that it happened at all. Certified questions to the Wisconsin Supreme Court are rare, and a certified question presented in a federal… Read more
State v. Alberto E. Rivera, 2018AP952-CR, 4/30, District 1 (not recommended for publication); case activity (including briefs). The State charged Rivera with a homicide and an attempted homicide that occurred in 2015. Before trial, it moved to introduce “other acts” evidence–a homicide that Rivera committed in 1997. The trial court tentatively denied the motion. But… Read more
State v. Gerald J. Vanderhoef, 2016AP2052-CR, District 1, 4/30/19 (not recommended for publication); case activity (including briefs) Vanderhoef’s silence in response to the “Informing the Accused” form constituted a refusal to consent to a chemical test, so the subsequent blood draw was unlawful. However, the state subpoenaed the results of his urine test, and that… Read more
State v. Autumn Marie Love Lopez & Amy J. Rodriguez, 2017AP913-CR & 2017AP914-CR, petition for review granted 4/9/19; case activity (including briefs) Issue: Does either Wis. Stat. § 971.36 or inherent prosecutorial charging discretion allow a prosecutor to charge a single felony count of retail theft for multiple separate acts of theft, each involving less than… Read more
