State v. Alejandro Herrera Ayala, 2015AP865-CR, District 3, 7/26/16 (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals affirms the circuit court’s findings that the manner in which standardized field sobriety tests were administered to Herrera Ayala was “fatally flawed” because of “significant communication issues” between the officer and Herrera Ayala… Read more
9. Crimes
State v. Mark G. McCaskill, 2015AP1487-CR, District 4, 7/21/16 (one-judge decision; ineligible for publication); case activity (including briefs) McCaskill’s challenges to his arrest and conviction for operating with a prohibited alcohol content don’t persuade the court of appeals. At 12:30 a.m. an officer found McCaskill in the driver’s seat of a car parked with its lights on… Read more
State v. Ernesto E. Lazo Villamil, 2016 WI App 61, petitions for review and cross-review granted 1/9/2017, affirmed 2017 WI 74, ; case activity (including briefs) Lazo Villamil was convicted and sentenced for operating after revocation and causing death under § 343.44, one of the provisions of which says that the offense is both a misdemeanor and a… Read more
City of Eau Claire v. Melissa M. Booth Britton, 2016 WI 65, 7/12/16, reversing a circuit court order on bypass, case activity (including briefs) OWI specialists, pay attention to this case! It abolishes subject matter jurisdiction challenges to improperly-charged 1st offense OWIs. Everyone else, pay attention too. Justice Abrahamson’s 33-page dissent offers a comprehensive analysis… Read more
State v. Navdeep S. Brar, 2015AP1261-CR, District 4, 7/7/16 (one-judge decision; ineligible for publication),petition for review granted 12/19/2016, affirmed, 2017 WI 73 ; case activity (including briefs) The record supports the circuit court’s conclusion that Brar consented to a blood test after his arrest for OWI and that his consent was voluntary. After the arresting officer read the… Read more
State v. McKellips, 2016 WI 51, 6/28/16, reversing a published court of appeals decision, 2015 WI App 31; case activity (including briefs) SCOW here defines the phrase “computerized communication system” by separately defining each word, and then lumping together those definitions to conclude that text messages sent with a flip phone constitute “use of a… Read more
State v. James D. Heidke, 2016 WI App 55; case activity (including briefs) The state charged Heidke with one count of use of a computer to facilitate a child sex crime. Heidke moved to dismiss the penalty enhancer in §939.617(1) because it violates the Equal Protection Clause of the Fourteenth and Eighth Amendments in that it… Read more
State v. Tory C. Johnson, 2015AP1322-CR, 6/28/2016, District 1 (not recommended for publication); case activity (including briefs) Tory Johnson raises various challenges to his jury-trial conviction for resisting an officer causing substantial bodily harm. Two Milwaukee police officers in a squad car saw Johnson driving a car with, they believed, no front license plate. They also… Read more
