on review of unpublished decision; case activity Issue (composed by On Point) Whether the municipal court lacks competence to extend the 10-day time deadline for requesting a refusal hearing. Brefka filed a request for refusal hearing outside the 10-day time limit in § 343.305(9)(a)4. Does a court possess competence to extend that deadline? No dice, according to the court… Read more
9. Crimes
State v. Thomas E. Schmidt, 2012 WI App 137 (recommended for publication); case activity After performing an HGN test, which exhibited 6 out of 6 indicia of impairment, Schmidt was arrested for OWI. At the ensuing trial, he asserted diabetes as a possible cause for the HGN result. The trial court ordered, as a condition of his… Read more
Village of Little Chute v. John D. Bunnell, 2012AP1266, District 3, 11/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Officer’s failure to perform FSTs pursuant to established protocols (HGN test requires 4-second pass-of-the-eye, and officer used 2-second pass), “compromises the validity of the test results,” and therefore “cannot be used to support a determination of probable cause to arrest,” ¶19… Read more
State v. Gary M. Hemmingway, 2012 WI App 133; case activity Stalking, § 940.32(2m)(a), which previously survived overbreadth and vagueness challenges based on rights to travel and equal protection, State v. Ruesch, 214 Wis. 2d 548, 571 N.W.2d 898 (Ct. App. 1997), now withstands a free-speech challenge: The statute isn’t a facially overbroad regulation of protected… Read more
State v. Tyler H., 2012AP914, District 3, 11/6/12, court of appeals decision (1-judge, ineligible for publication); case activity Evidence held sufficient to support delinquency adjudication, where juvenile called mother “a fucking whore” after she struck him during a family “squabble” in their home. ¶9 We conclude Tyler’s conduct was of the type that tends to cause… Read more
State v. William F. Vollbrecht, 2012AP49-CR, District 3, 11/6/12, court of appeals decision (not recommended for publication); case activity Evidence held sufficient to sustain conviction for first-degree intentional homicide. The jury was entitled to reject Vollbrecht’s testimony that the shot he fired into his ex-girlfriend’s new boyfriend was accidental. ¶12 Vollbrecht’s argument fails on two fronts. First, consistent… Read more
Winnebago County v. Anastasia G. Christenson, 2012AP1189, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Probable Cause – PBT, § 343.303 ¶11 At the time Putzer administered the PBT to Christenson, he was aware that she had driven her car into a ditch, smelled of “intoxicating beverages” around midnight on Saturday… Read more
County of Fond du Lac v. Nancy C. Bush, 2012AP1486, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Under the implied consent law, a motorist must, when properly requested to submit to a chemical test, answer “promptly,” State v. Neitzel, 95 Wis. 2d 191, 205, 289 N.W.2d 828 (1980), else failure… Read more
