State v. Michael A. Imbruglia, 2011AP1373-CR, District 2, 2/8/12 court of appeals decision (1-judge, not for publication); for Imbruglia: Rick Ramirez; case activity In circuit court, Imbruglia successfully challenged use of a Colorado conviction as an OWI enhancer (on the ground that statute isn’t “substantially similar” to Wisconsin’s). However, after another OWI arrest the very next day… Read more
9. Crimes
State v. James M. Johnson, 2011AP2374-CR, District 2, 2/8/12 court of appeals decision (1-judge, not for publication); pro se; case activity Evidence – Johnson left voicemail message on complainant’s work phone – held sufficient to sustain conviction for violating temporary restraining order. ¶8 Regarding the nature of the voice mail message and its violation of the… Read more
State v. Daniel H. Hanson, 2012 WI 4, affirming 2010 WI App 146; for Hanson: Robert R. Henak, Chad Lanning; case activity Fleeing, § 346.04(3) – Elements: “Willful or Wanton Disregard” Fleeing does not require “an evil or malicious state of mind” when disregarding an officer’s signal: ¶22 In Wis. Stat. § 346.04(3), “willful” modifies “disregard.” In that context, “willful” requires… Read more
on review of published opinion; for Anagnos: Barry S. Cohen; case activity; prior post Traffic Stop – Reasonable Suspicion – OWI Refusal Hearing Challenge to Arrest Issues (composed by On Point): 1. Whether the officer could lawfully stop Anagnos’ vehicle for failing to use a turn signal where neither traffic nor pedestrians were present, § 346.34(1)(b). 2. Whether the officer… Read more
State v. James W. Warren, 2012AP1727-CR, District 2, 1/16/13 Court of appeals decision (1 judge, not eligible for publication); case activity OWI — admissibility of opinion based on field sobriety tests Police officer testimony that, based on his training and experience, “the field tests are a reliable indicator of whether someone is .08 or higher”… Read more
State v. Kenney Wayne Madlock, 2012AP1439-CR, District 1, 1/15/13 Court of appeals decision (1-judge; not eligible for publication); case activity Violating domestic abuse injunction — Sufficiency of the evidence The evidence was sufficient to support conviction at a bench trial for violating an injunction that required Madlock to avoid the residence of T.M., who had… Read more
City of Beloit v. Steven A. Herbst, Sr., 2010AP2197, District 4, 1/12/12 court of appeals decision (1-judge, not for publication); for Herbst: Tracey A. Wood; case activity Evidence held sufficient to support OWI conviction, where Herbst was found in parked car, slumped over the steering wheel with the engine running, along with evidence that the designated driver… Read more
State v. Anrietta M. Geske, 2012 WI App 15 (recommended for publication); for Geske: Jefren E. Olsen, SPD, Madison Appellate; case activity Sufficiency of Proof – “Utter Disregard” Element (Reckless Homicide, § 940.02(1)) Evidence held sufficient to support reckless homicide element of utter disregard of human life, where deaths resulted from high-speed automobile collision after… Read more
