State v. Dimitrius Anagnos, 2012 WI 64, reversing 2011 WI App 118; case activity OWI – Refusal Hearing – Authority to Litigate Constitutionality of Traffic Stop Constitutionality of the traffic stop may be raised as a defense at a refusal hearing, § 343.305(9)(a)5.a. ¶29 In this case, the relevant portion of the statute is found in sub. (9)(a)5.a. That subsection… Read more
9. Crimes
Marquette County v. Carl G. Culver, 2011AP1523, District 4, 6/21/12 court of appeals decision (1-judge, ineligible for publication); case activity The police had probable cause to arrest Culver, the driver in a one-car accident, given the smell of intoxicants on his breath and his “inconsistent answers” to questions about the accident: ¶13 We conclude, under the totality of… Read more
Village of Elm Grove v. Richard K. Brefka, 2011AP2888, District 1/2, 6/19/12, WSC review granted 11/14/12 court of appeals decision (1-judge, ineligible for publication), supreme court review granted 11/14/12; case activity The municipal court lacks competence to extend the 10-day time deadline for requesting a refusal hearings, given the clear language of §§ 343.305(9)(a)4. and (10)(a). Village of… Read more
Question Presented: Whether withdrawing from a conspiracy prior to the statute of limitations period negates an element of a conspiracy charge such that, once a defendant meets his burden of production that he did so withdraw, the burden of persuasion rests with the government to prove beyond a reasonable doubt that he was a member… Read more
Wisconsin State v. Tally Ann Rowan, 2012 WI 60, on certification review ; case activity Extended Supervision Conditions – Suspicionless Searches A condition of extended supervision “that allows any law enforcement officer to search [Tally]’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion,” was tailored to the particular facts and… Read more
State v. Daniel Lee Rueden, Jr., 2011AP001034-CR, District 4, 6/7/12 court of appeals decision (not recommended for publication); for Rueden: Eileen A. Hirsch, Kaitlin A. Lamb, SPD; case activity Felon-in-possession, § 941.29, is not unconstitutional either facially or as applied in this instance; State v. Pocian, 2012 WI App 58, deemed controlling. ¶6 We need not discuss the specifics of… Read more
State v. James Ralph Whitwell, 2011AP1342-CR, District 3/4, 5/24/12 court of appeals decision (not recommended for publication); for Whitwell: Jefren E. Olsen, Chandra N. Harvey, SPD, Madison Appellate; case activity Whitwell challenges a warrantless blood draw, on related grounds: he objected at the time, informing officials that he suffered from a medical condition that made… Read more
on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack Issues (Composed by On Point): Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident. Whether Gracia’s waiver of counsel in a prior… Read more
