State v. Francis A. Malsbury, 2010AP3112-CR, District 2, 6/8/11 court of appeals decision (1-judge, not for publication); for Malsbury: Andrew R. Walter; case activity Prior conviction, in Washington state in 1999 for reckless driving amended from driving under the influence, qualified as a prior OWI and therefore subjected Malsbury to criminal prosecution. ¶7 We hold that… Read more
9. Crimes
County of Brown v. Eric J. Schroeder, 2010AP2967, District 3, 6/7/11 court of appeals decision (1-judge, not for publication); for Schroeder: Dennis M. Melowski, Dennis M. Melowski; case activity Following OWI arrest and blood test result over the limit, Schoeder’s license was administratively suspended. The police, however, failed to provide him with the form explaining the suspension review process, contrary… Read more
State v. Roshawn Smith, 2010AP1192-CR, District 3, 5/26/11, aff’d and rev’d, 2012 WI 91 court of appeals decision (not recommended for publication), aff’d in part, rev’d in part, 2012 WI 91; for Smith: William E. Schmaal, SPD, Madison Appellate; case activity Evidence held sufficient to support guilty verdict, § 961.41(1m)(h)5., ptac: after agreeing to accept packages… Read more
City of Sun Prairie v. Michael H. Smith, 2010AP2607, District 4, 5/26/11 court of appeals decision (1-judge, not for publication); for Smith: Tracey A. Wood; case activity ¶9 Wisconsin Stat. § 343.305(5)(a) imposes the following obligations on law enforcement: “(1) to provide a primary test at no charge to the suspect; (2) to use reasonable diligence in offering and… Read more
State v. Yancy D. Freland, 2011 WI App 80 (recommended for publication); for Freland: Michael D. Zell; case activity Conviction for an out-of-state sex offense comparable to a misdemeanor in Wisconsin will be treated as a misdemeanor for sex offender registration purposes, § 301.45(6). ¶12 Wisconsin Stat. § 301.45(1d)(am)1. specifically defines has been “[f]ound to have committed a… Read more
County of Milwaukee v. James R. Matel, 2010AP1950, District 1, 5/24/11 court of appeals decision (1-judge, not for publication); for Matel: Andrew Mishlove; case activity Personal jurisdiction may be conferred on an OWI-1st defendant by mailing the uniform traffic citation, coupled with filing of the citation with the trial court. Personal service isn’t required by… Read more
Columbia County v. Mark Devos, 2010AP2349, District 4, 5/19/11 court of appeals decision (1-judge, not for publication); for Devos: Rex Anderegg; case activity The DOT Informing the Accused form that was read to Devos contained language beyond that specified in § 343.305(4): “In addition, under 2003 Wisconsin Act 97, your operating privileges will also be suspended if… Read more
State v. Jenny L. Nowak, 2010AP1499-CR, District 3, 5/17/11 court of appeals decision (1-judge, not for publication); for Nowak: Keith F. Ellison; case activity Warrantless entry into Nowak’s garage was justified under hot pursuit doctrine, given “probable cause to believe Nowak committed a jailable offense—specifically, resisting by failure to stop,” § 346.17(2t) (punishable by 9 months imprisonment), ¶15… Read more
