State v. Patrick H. Dalton, 2016AP6-CR,7/20/16, Distrct 2 (1-judge opinion; ineligible for publication); case activity (including briefs) The court of appeals here holds that Dalton is entitled to an evidentiary hearing on his claim that trial counsel was ineffective for failing move to suppress the test results from a warrantless blood draw. The record contains… Read more
3. Exigent circumstances
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
State v. Julie C. Phillips, 2015AP927-CR, 6/14/16, District III (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals rejects the state’s attempt to parlay a single fact–a strong smell of unburned marijuana emanating from a house–into exigent circumstances justifying a warrantless search. The search happened mid-afternoon. The first officer on the scene… Read more
State v. Melvin P. Vongvay, 2015AP1827-CR, District 2, 5/4/2016 (one-judge decision; ineligible for publication); case activity (including briefs) Wisconsin Stat. § 885.235(1g) makes a blood alcohol test automatically admissible in a drunk driving prosecution if the blood is drawn within three hours of the alleged driving. The court here holds that an officer who was running… Read more
State v. Michael A. Durham, 2015AP1978-CR, 4/12/2016, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Police were dispatched in response to a 6:30 p.m. phone call from a neighbor about unintelligible yelling and “banging” that shook the walls of Durham’s residence. (¶2). After knocking and ringing the doorbell and receiving no response… Read more
State v. Andy J. Parisi, 2016 WI 10, 2/24/2016, affirming an unpublished court of appeals decision; case activity (including briefs) Police found Andy Parisi unconscious and having trouble breathing. Almost two and a half hours later, at a hospital, an officer had his blood drawn to test for heroin. The state supreme court now holds… Read more
Review of a per curiam court of appeals decision; case activity (including briefs). Issue (composed by On Point): Is hot pursuit of a suspect based upon probable cause for a jailable offense a stand-alone justification for a warrantless home entry and arrest or must law enforcement reasonably believe that a delay in obtaining a warrant would… Read more
The Court granted certiorari and consolidated three cases presenting identical questions in different factual permutations: Question presented (Birchfield v. North Dakota); (Beylund v. Levi); (Bernard v. Minnesota): Whether, in the absence of a warrant, a State may make it a crime for a person to refuse to take a chemical test to detect the presence of… Read more
