Marathon County v. Eric G. Fischer, 2013AP760, District 3, 9/4/13; court of appeals decision (1-judge; ineligible for publication); case activity Police lacked probable cause to arrest Fischer because a “tip” from an ER nurse that Fischer’s BAC was “0.15 percent” did not provide a reliable basis to conclude Fischer was operating while intoxicated. Fischer was… Read more
11. Defense Wins
State v. Kenneth C. House, 2013 WI App 111; case activity House was stopped for operating with a suspended registration. After running House’s license and learning he was on probation for a drug offense, the officer returned House’s license and issued him a warning for the suspended registration. The officer then retrieved his police dog… Read more
State v. Adrian Castaneda, 2012AP1596-CR, District 1, 8/13/13; court of appeals decision (not recommended for publication); case activity Sufficiency of evidence to support felony bail jumping conviction The state and the defense stipulated to the fact that Castaneda had been charged with a felony and agreed the jury would be told only that Castaneda had… Read more
State v. Anthony M. Teller, Jr., 2013AP502-CR, District 3, 8/13/13; court of appeals decision (1-judge; ineligible for publication); case activity The sentencing court exhibited objective bias in the form of the appearance of bias based on its statements at the original sentencing hearing: ¶21 …. The court told Teller he had “bad news” in the form… Read more
State v. Myron C. Dillard, 2013 WI App 108, petition for review granted, 2/19/14, affirmed, 2014 WI 123; case activity Dillard accepted a plea bargain under which a persistent repeater allegation was dismissed, thus apparently reducing his maximum penalty exposure by avoiding a mandatory life sentence without prospect of release. But Dillard was not really… Read more
Winnebago County v. Donna H., 2013AP80, District 2, 7/31/13; court of appeals decision (1-judge; ineligible for publication); case activity Applying the supreme court’s recent decision in Outagamie County v. Melanie L., 2013 WI 67, the court of appeals concludes Winnebago County failed to show Donna H. is not competent to refuse medication. The applicable statute, § 55.14(1)(b), requires… Read more
State v. Langston C. Austin, 2013 WI App 96; case activity In this important case the court of appeals holds that the pattern jury instruction for self-defense in cases involving reckless or negligent crimes does not properly apprise the jury that the state has the burden to prove the defendant did not act in self-defense… Read more
State v. Ryan Erik Diggins, 2012AP526-CR, District 1, 7/30/13; court of appeals decision (not recommended for publication); case activity There was no objectively reasonable suspicion that Diggins was loitering in violation of Milwaukee’s loitering ordinance, § 106-31(1), where Diggins was seen standing for five minutes, doing nothing, at a gas station– “a place to which the public… Read more
