Larry H. Dunn v. Cathy Jess, 7th Circuit Court of Appeals No. 20-1168 (Nov. 24, 2020) Dunn was charged with felony murder and other offenses based on the fact he had struck the victim, who was later found dead from a head injury. In a rare case that clears the high hurdles of both AEDPA… Read more
9. Crimes
State v. D.A.M., 2020AP821, District 2, 11/25/20 (one-judge decision; ineligible for publication); case activity The evidence at D.A.M.’s trial was sufficient to show his conduct constituted a terrorist threat under § 947.019. D.A.M. was not supposed to be on the premises of Bradford High School, so when he appeared on school property J.S., the dean… Read more
State v. Steven L. Sternitzky, 2019AP2185-CR, District 4, 11/5/20 (one-judge decision; ineligible for publication); case activity (including briefs) Sternitzky argues he was arrested for OWI without probable cause and that his trial on the charge was marred by the judge’s instruction to the jury regarding the presumption of intoxication and automatic admissibility of chemical test… Read more
State v. Jack Ray Zimmerman, Jr., 2020AP475, District 2, 11/4/20 (one-judge decision; ineligible for publication); case activity (including briefs) ….not “lifetime since January 1, 1989.” This is an appeal from an order revoking Zimmerman’s operating privileges for refusing a blood test after being arrested for OWI, third offense. Zimmerman argues his decision to refuse wasn’t… Read more
State v. Jonathan N. Reiher, 2019AP2321-CR, District 4, 10/29/20 (not recommended for publication); case activity (including briefs) The court of appeals rejects the defendant’s claim that his pleas to reckless endangerment lacked a factual basis. In retaliation for getting kicked out of the house he was living in, Reiher vandalized the place; in the process… Read more
Washington County v. Kelly L. Springer, 2020AP491, 10/21/20, District 2 (1-judge opinion, ineligble for publication); case activity (including briefs) After being stopped for a suspected OWI, Springer failed field sobriety tests and his preliminary breath test showed a .18% blood alcohol content. A sheriff read the Informing the Accused form and asked if he would… Read more
Village of Lomira v. Phillip N. Benninghoff, 2020AP31, District 4, 10/15/20 (one-judge decision; ineligible for publication); case activity (including briefs) Benninghoff tries to raise a bevy of challenges to the implied consent law and to the revocation of his driving privileges for refusing a blood draw. His challenges are forfeited because he failed to file… Read more
State v. Michael J. Pierquet, 2009AP2099-Cr, 10/14/20, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) A jury convicted Pierquet of operating a motor vehicle with a Prohibited Alcohol Content. He argued that the circuit court erred in admitting the results of his blood test and in giving them prima facie effect because… Read more
