State v. Gerald P. Mitchell, 2018 WI 84, 7/3/18, on certification from the court of appeals; 2015AP304-CR, SCOTUS cert. granted, 1/11/19, vacated and remanded, 6/29/19; case activity (including briefs) This is the supreme court’s third attempt to decide whether provisions of Wisconsin’s implied consent law comport with the Fourth Amendment. If you’ve been following along, you might have… Read more
C. Warrant unnecessary
State v. Patrick H. Dalton, 2018 WI 85, 7/3/18, reversing in part and remanding an unpublished court of appeals decision; case activity (including briefs) The supreme court holds there were exigent circumstances that allowed police to draw blood from Dalton without a warrant after he refused to consent to a blood draw. But a majority… Read more
Collins v. Virginia, USSC No. 16-1027, 2018 WL 2402551, 5/29/18, reversing Collins v. Commonwealth, 790 S.E.2d 611 (Va. 2016); SCOTUSblog page (includes links to briefs and commentary) Police learned a stolen motorcycle that had evaded them on two occasions was likely parked at a house where Collins stayed. When they got to the house, they… Read more
State v. Keith A. Wall, 2017AP2367-CR, District 4, 5/17/18 (one-judge decision; ineligible for publication); case activity (including briefs) Wall sought the suppression of the results of the test of his blood, which showed he had a BAC of 0.178 after his arrest for OWI. He argues the blood was seized unlawfully because police didn’t have… Read more
State v. Dorian M. Torres, 2018 WI App 23; case activity (including briefs) Dorian Torres’s mother Shelly allowed police into the apartment Dorian was living in with his father, Emilio. The police found Emilio’s body during a search of the apartment, leading to Dorian being charged with homicide. The court of appeals holds the police reasonably… Read more
State v. Faith N. Reed, 2016AP1609-CR, petition for review of an unpublished court of appeals decision granted 3/13/18; case activity (including briefs) Issues (composed by On Point): Whether an apartment dweller consented to police entry of his apartment by leading an officer to the door and going in. If such consent was given, whether it was revoked… Read more
State v. Anthony S. Taylor, 2017AP587-CR, 12/21/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Police responded to a 911 call from S.M., Taylor’s girlfriend. She had been in a fight with another woman in the apartment building they all lived in. The other woman told the cops that she had gone… Read more
Last term, ASPD Andy Hinkel argued an important community caretaker issue that has divided state and federal courts to the Wisconsin Supreme Court. See State v. Asboth, 2015AP2051-CR. The State prevailed but perhaps only temporarily. Today the defense gained traction when SCOTUSblog featured Asboth’s petition for writ of certiorari as its Petition of the Day… Read more
