State v. Keith M. Abbott, 2020 WI App 25; case activity (including briefs) After losing a suppression motion, Abbott pled “no contest” to 2nd degree intentional homicide. The court of appeals affirmed the denial of suppression for some evidence and reversed it as to other evidence. It held that Abbott’s mental breakdown during questioning did… Read more
C. Warrant unnecessary
State v. Shannon G. Potocnik, 2019AP523, 4/14/20, District 3 (one-judge decision; ineligible for publication) case activity (including briefs) There’s a deep split nationwide about whether the community caretaker doctrine can ever permit entry into a home. Wisconsin has held that it can, and this pro se appeal is of course necessarily fact-bound. But the decision… Read more
State v. Lois M. Bertrand, 2019AP1240-CR, 2/26/20, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs). The 4th Amendment prohibits a warantless entry into the curtilage of a home unless it is supported by probable cause and exigent circumstances. State v. Weber, 2016 WI 96, ¶19, 372 Wis. 2d 202, 887 N.W.2d 554. In this… Read more
State v. Justin T. Kane, 2018AP1885-CR, District 4, 2/6/20 (one-judge decision; ineligible for publication); case activity (including briefs) Kane’s consent to a blood draw after his arrest for OWI was voluntary under all the circumstances. The circuit court made findings of fact after a suppression hearing, and, of course, the court of appeals accepts those… Read more
Wood County v. Trevor J. Krizan, 2019AP350, 12/12/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy on patrol at 2:00 a.m. happened by a parking lot for a boat landing. The lot was open to the public 24 hours a day, and he saw a vehicle parked, not running… Read more
State v. Alfonso Lorenzo Brooks, 2018AP1774, review of a per curiam decision granted 12/10/2019; reversed 6/25/20; case activity (including briefs) Issue presented: Whether the community caretaker exception permits law enforcement to inventory and tow a vehicle after discovering that the driver does not have a valid license, when the vehicle is lawfully parked and not obstructing… Read more
State v. Roy S. Anderson, 2019 WI 97, 11/15/19, affirming a per curiam court of appeals decision; case activity (including briefs) Act 79 permits law enforcement to search a person on probation, parole or extended supervision based on reasonable suspicion (not probable cause) that the person, is is about to, or has committed a violation… Read more
State v. Jeffrey L. Ionescu, 2019 WI App 68; case activity (including briefs) A homeowner told police that he found a burglar in his car and saw him run west across his yard. About 10 minutes later, officer and a trained tracking dog headed in that direction for about 30 minutes. The officer saw footprints… Read more
