State v. Eric M. Doule, 2016AP1146-CR, District 3, 2/14/17 (one-judge decision; ineligible for publication); case activity (including briefs) The record supports the conclusion that Doule voluntarily consented to a blood draw after he was arrested for OWI. Doule was uncooperative after he was stopped for speeding and swerving. He continued to be uncooperative during the subsequent blood draw… Read more
C. Warrant unnecessary
Review of an unpublished court of appeals decision; affirmed 2017 WI 76, case activity (including briefs) Issues (from petition for review): Law enforcement officers arrested Kenneth Asboth at a private storage facility. The car he had been driving was parked in the lane between rows of storage units, in front Mr. Asboth’s leased unit. The officers… Read more
State v. Damion L. Brown, 2015AP2029-CR, 1/4/2017, District 1 (not recommended for publication); case activity (including briefs) Damion Brown’s roommate consented to a search of their apartment after being arrested on suspicion of dealing heroin. Brown raises three challenges to the voluntariness and validity of that consent. Police saw Brown and his roommate apparently making… Read more
State v. John D. Myer, 2016AP490-CR, District 4, 12/22/16 (one-judge decision; ineligible for publication); case activity (including briefs) Assuming a police officer’s contact with Myer constituted a seizure, it was justified under the community caretaker doctrine. At 2:30 a.m. one October night the officer passed the parking lot of a closed business and saw a vehicle idling, its… Read more
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
Review of an unpublished court of appeals opinion; case activity (including briefs); petition for review Issues (composed by On Point): 1. Whether a driver, who is a non-native speaker of English, consents to a blood draw where, in response to the officer’s question “will you consent” gives an unintelligible answer, then clearly asks “what kind of… Read more
State v. Richard L. Weber, 11/29/16, 2016 WI 96, reversing a per curiam court of appeals decision, 2014AP304-CR; case activity (including briefs) A deputy activates his emergency lights upon seeing a car with a defective brake lamp weave over a highway fog line. The car slows for 100 feet, turns right into a driveway, and… Read more
State v. Thomas D. Dowling, 2016AP838-CR, 10/26/16, District II (one-judge; ineligible for publication); case activity (including briefs) This is an ineffective assistance claim against Dowling’s trial counsel for not moving to suppress evidence obtained after Dowling told police officers–whom his wife had allowed into their apartment–to leave. A neighbor had called 911 reporting a domestic… Read more
