State v. Nicholas Allen Paulson, 2022AP186, 2/21/24, District III (1-judge decision, ineligible for publication); case activity Although Paulson tries to establish that police did not have probable cause to arrest him despite, among other evidence, a PBT reading of .198, COA affirms. Paulson called 911 to report that his wife had jumped out of their… Read more
9. Crimes
State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute. Schultz tried to leave the “Bull Pen Bar” and… Read more
City of Sheboygan Falls v. Wesley Scot Melton, 2023AP1183, 1/24/24, District II (one-judge decision; ineligible for publication); case activity COA finds the City established sufficient evidence that Melton failed to stop for a school bus and therefore affirms. Melton appeals his citation under § 346.48(1), which requires drivers to stop “not less than 20 feet”… Read more
City of Watertown v. Andrew D. Wiest, 2023AP992, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity Although Wiest faults the City for failing to prove that he operated his motor vehicle while intoxicated, COA is satisfied there was sufficient circumstantial proof and affirms. Wiest’s legal troubles began when an officer spotted his truck… Read more
State v. Jacob Richard Beyer, 2022AP2051, 1/11/24, District 4 (not recommended for publication); case activity (including briefs) Although Beyer labors mightily at conjuring up legal arguments for reversal, COA is uniformly unpersuaded and unimpressed by his arguments and affirms. As summarized by the COA, the underlying law enforcement investigation began when specialized investigative software downloaded… Read more
State v. Dustin J. VanderGalien, 2023AP890-CR, 12/29/23, District 4 (recommended for publication); case activity VanderGalien pled no contest to three counts stemming from a fatal motor vehicle crash after a non-impairing cocaine metabolite (benzoylecgonine or “BE”) was detected in his blood hours after the incident. The court of appeals rejects his facial challenge to the… Read more
Columbia County v. Carter Ray Smits, 2023AP241, 12/7/23, District IV (one-judge decision; ineligible for publication); case activity Despite the analyst’s testimony that, given the margin of error for the lab result, it was “equally likely” Smits was under as opposed to over the legal limit, COA affirms. This appeal arises from a prosecution for a… Read more
State v. Batterman, 2022AP181, 11/28/23, District III (ineligible for publication); case activity Given the discretionary standard of review used to assess a circuit court’s evidentiary rulings, COA wastes no time in upholding the court’s order excluding evidence the defendant did well on some field sobriety tests at a second offense PAC trial. Batterman was originally… Read more
