State v. Robert L. Tatum, Case No. 2011AP2439-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Denial of right to self-representation – competence to represent oneself The circuit court properly denied Tatum the right to represent himself based on his limited education and understanding of legal procedures, as evidenced by… Read more
3. Exigent circumstances
State v. Michael C. Christofferson, 2012AP571-CR, District 3, 10/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The officer didn’t develop probable cause (for OWI arrest; Christofferson was getting out of his car when the officer first saw him) until after illegal entry of the attached garage, therefore the ensuing arrest was unlawful… Read more
Question Presented: Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream. Docket Lower court opinion (State v. McNeely, 358 S.W.3d 65 (Mo. Banc 2012)) Scotusblog page Does the evanescent quality… Read more
State v. James Ralph Whitwell, 2011AP1342-CR, District 3/4, 5/24/12 court of appeals decision (not recommended for publication); for Whitwell: Jefren E. Olsen, Chandra N. Harvey, SPD, Madison Appellate; case activity Whitwell challenges a warrantless blood draw, on related grounds: he objected at the time, informing officials that he suffered from a medical condition that made… Read more
State v. Anthony D. Guard, 2012 WI App 8 (recommended for publication); for Guard: Richard L. Zaffiro; case activity Warrantless Entry – Duplex, Common Hallway Guard, a resident of a duplex upper flat, had a reasonable expectation of privacy in a hallway by which his unit was accessed, such that warrantless police entry into that… Read more
State v. Matthew P. Rick, 2010AP1521,District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Rick: Jonas B. Bednarek; case activity Warrantless blood draw is permissible under exigent circumstances doctrine, upon lawful arrest for non–jailable, civil violation. State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), followed… Read more
State v. Deundra R. Lathan, 2011 WI App 104 (recommended for publication); for Lathan: George S. Tauscheck; case activity Consent to Search, Co-Occupant Consent to search premises given by one occupant overrides refusal to consent by co-occupant when neither is the subject of the search or ensuing arrest (resolving question expressly held open by Georgia v… 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
