9. Crimes

State v. Marie Williams, 2016 WI App 82; case activity (including briefs) Like other states, Wisconsin has an opioid addiction epidemic. To encourage people to summon emergency aid for someone who has overdosed, the legislature passed §961.443 which provides that that an “aider” is immune from prosecution for the possession of drug paraphernalia under §961.573 or a… Read more

Review of a court of appeals summary disposition; case activity (including briefs); petition for review Issues (composed by On Point) (1)  Could the defendant be convicted of two counts of hit and run with death resulting for a single act of leaving the scene of an accident that caused two deaths? (2) Is the defendant’s sentence… Read more

State v. Ali Garba, 2015AP1243-CR, District 2, 10/5/16 (one-judge decision; ineligible for publication); case activity (including briefs) Garba wanted to present testimony from two expert witnesses about possible reliability problems with the gas chromatography tests of his blood, but the circuit court wouldn’t let him. The court of appeals holds the circuit court properly exercised… Read more

State v. Steven N. Jackson, 2015AP2682, 9/22/16, District 4 (1-judge decision; ineligible for publication); case activity (including briefs) Steven Jackson was arrested for OWI and also charged with a refusal to submit to a blood test. On appeal of the refusal, he first argues that the officers lacked probable cause to arrest him. The court of… Read more

State v. Steven W. Heath, 2014AP2466-CR, District 4, 9/15/16 (one-judge decision; ineligible for publication); case activity (including briefs) Heath challenges the blood draw evidence in his OWI prosecution, claiming that the paramedic who did the draw wasn’t a “person acting under the direction of a physician” as required by § 343.305(5)(b) and that the method and manner of… Read more

State v. Lory F. Kerk, 2015AP2608-CR, District 3, 9/13/16 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court didn’t err in allowing the state to elicit testimony from its expert toxicologist that Kerk was impaired by the amount of alcohol and prescription drugs found in her blood. Kerk’s BAC was .063 and… Read more

State v. Timothy A. Giese, 2015AP1838-CR, District 3, 9/13/16 (one-judge decision; ineligible for publication); case activity (including briefs) The supreme court’s recent decision in City of Eau Claire v. Booth Britton, 2016 WI 65, disposes of Giese’s claim that the circuit court lacked jurisdiction over a mistakenly charged second-offense OWI. In 2009 Giese was arrested for… Read more