Review of a published court of appeals opinion; case activity (including briefs); petition for review Issues (from the petition): I. Whether the circuit court properly suppressed Mr. Blackman’s warrantless blood test because he was unconstitutionally coerced into taking the test when he was read the informing the accused form which incorrectly told him that he… Read more
D. Search incident to arrest
Washington County v. Daniel L. Schmidt, 2016AP908, District 2, 11/30/16 (one-judge decision; ineligible for publication); case activity (including briefs) Schmidt makes a three-pronged attack on the revocation of his driving privileges for refusing a chemical test, arguing he was seized without reasonable suspicion, arrested without probable cause, and did not improperly refuse a test. The court… Read more
SCOTUSblog has named a cert petition filed by the Maryland Public Defender “petition of the day“!! Here are the issues: 1. Under the exception to the warrant requirement announced in Arizona v. Gant, 556 U.S. 332, 343 (2009), permitting a vehicular search incident to a recent occupant’s arrest “when it is reasonable to believe evidence… Read more
Review of an unpublished court of appeals decision; case activity (including briefs); petition for review Issues (composed by On Point) (1) May a prosecutor argue that a defendant’s refusal to submit to a breathalyzer test shows consciousness of guilt? (2) When a circuit court denies a postconviction motion based on arguably inapplicable case law, must the defendant… Read more
Village of Bayside v. Amber E. Schoeller, 2016AP256 & 2016AP257, District 1, 8/9/16 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court’s factual findings—which Schoeller doesn’t argue are clearly erroneous—doom her claims that the officer didn’t have probable cause to arrest her and that the evidence isn’t sufficient to prove she’s guilty of… Read more
State v. Alejandro Herrera Ayala, 2015AP865-CR, District 3, 7/26/16 (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals affirms the circuit court’s findings that the manner in which standardized field sobriety tests were administered to Herrera Ayala was “fatally flawed” because of “significant communication issues” between the officer and Herrera Ayala… Read more
State v. Mark G. McCaskill, 2015AP1487-CR, District 4, 7/21/16 (one-judge decision; ineligible for publication); case activity (including briefs) McCaskill’s challenges to his arrest and conviction for operating with a prohibited alcohol content don’t persuade the court of appeals. At 12:30 a.m. an officer found McCaskill in the driver’s seat of a car parked with its lights on… Read more
Birchfield v. North Dakota, USSC No. 14-1468, 2016 WL 3434398 (June 23, 2016), reversing State v. Birchfield, 858 N.W.2d 302 (N.D. 2015); vacating and remanding State v. Beylund, 861 N.W.2d 172 (N.D. 2015); and affirming State v. Bernard, 844 N.W.2d 41 (Minn. 2014); Scotusblog pages: Birchfield, Beylund, Bernard (include links to briefs and commentary) Three years ago, in Missouri v… Read more
