State v. Michael P. Green, 2011AP2137-CR, District 2, 8/8/12 court of appeals decision (1-judge, not for publication); case activity Traffic stop, based on report by gas station attendant of suspected drunk driver, was sufficiently reliable to support investigatory stop. ¶10 This court has previously held that a tip shows sufficient indicia of reliability to justify an… Read more
9. Crimes
State v. Mark M. Benson, 2012 WI App 101 (recommended for publication); case activity Equal Protection – Homicide of Unborn Child by Intoxicated Use of Motor Vehicle, §§ 939.75(2)(b)3, 940.09(1)(c) Section § 939.75(2)(b)3 exempts from criminal liability any “act by a woman who is pregnant with an unborn child that results in the death of or great bodily… Read more
State v. Jason M. Jacobs, 2012 WI App 104 (recommended for publication); case activity Search & Seizure – Consent – Blood Draw Following a fatal traffic accident, Jacobs performed field sobriety tests well enough that he wasn’t placed under arrest, but he was asked to submit to a blood draw. Jacobs called his attorney, who advised him… Read more
State v. Marilyn M. Torbeck, 2012AP522-CR, District 2, 8/1/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶6 … For the State to charge Torbeck with OWI under § 346.63(1)(a), DFE must be either an intoxicant, a controlled substance, a controlled substance analog, or a drug. DFE is not listed as a controlled… Read more
Dane County v. Amy Jolene Judd, 2011AP2106, District 4, 7/19/12 court of appeals decision (1-judge, ineligible for publication); case activity Reasonable suspicion supported temporary stop, State v. Meye, 2010AP336-CR, unpublished slip op. (WI App July 14, 2010) (“odor of intoxicants alone is insufficient to raise reasonable suspicion to make an investigatory stop”), distinguished: ¶7 I disagree that Meye is… Read more
State v. Roshawn Smith, 2012 WI 91, reversing in part, affirming in part unpublished decision; case activity Standard of Review: Sufficiency of Evidence ¶29 We understand Smith’s central argument regarding the standard of review on the evidentiary question to be summed up in the proposition that a jury verdict of guilt[9] must be reversed on appeal if “[t]he inferences that… Read more
State v. Harry Thompson, 2012 WI 90, reversing unpublished decision; case activity Section 970.02(1)(a) imposes several mandatory duties at initial appearance: the judge must inform the defendant of the charge, furnish him with a copy of the complaint, and personally inform him of the penalties for any felonies in the charge; and, the complaint must set forth the possible penalties… Read more
State v. Scott E. Ziegler, 2012 WI 73, on certification; case activity Interfering with Child Custody, § 948.31(2) – Elements Language in State v. Bowden, 2007 WI App 234, ¶18, 306 Wis. 2d 393, 742 N.W.2d 332, that one method of violating § 948.31(2) (interference with child custody) requires the parent’s “initial permission” to take child, is now “withdrawn”: ¶52 Pursuant to the plain… Read more
