State v. Carter Nelson, 2024AP617-CR, 11/6/24, District II (one judge decision; not eligible for publication); case activity The Court of Appeals reversed the circuit court’s order granting Carter Nelson’s motion to suppress cocaine seized from his vehicle without a warrant and without probable cause. The Court held that the evidence would have inevitably been discovered… Read more
H. Exclusionary rule
Town of Dunn v. Brian S. LaFleur, 2023AP1529-1531, 5/23/24, District IV (1-judge opinion, not eligible for publication); case activity LaFleur was stopped after driving on a road that was marked “closed to through traffic” because his vehicle was registered to an address outside of the area. After the circuit court granted LaFleur’s motion to suppress… Read more
State v. Ashley Jean Campbell, 2020AP1813, 3/5/24, District 3 (recommended for publication); case activity As a matter of first impression in Wisconsin, the court of appeals holds that regardless of whether the “instinct exception” exists, “the exception does not apply under the facts in this case to excuse the State’s obligation to obtain a warrant… Read more
State v. Ashley Jean Campbell, 2020AP1813, 1/23/24, District 3 (recommended for publication); case activity As a matter of first impression in Wisconsin, the court of appeals holds that regardless of whether the “instinct exception” exists, “the exception does not apply under the facts in this case to excuse the State’s obligation to obtain a warrant… Read more
State v. Jason William Castillo, 2023AP398, 10/26/23, District IV (one-judge decision; ineligible for publication); case activity Castillo refused to submit to a chemical test for intoxication and subsequently challenged the revocation of his driver’s license. In doing so, however, Castillo claims only that he was unlawfully seized prior to his refusal and that the unlawful… Read more
State v. Gregory L. Cundy, 2023 WI App 41, District 4; case activity (including briefs) A person called police and said they’d seen a particular vehicle back into a parked car at idle speed and then drive off. About 40 minutes later, an officer arrived at Cundy’s house, knowing that the suspect vehicle was registered… Read more
State v. Noah D. Hartwig, 2022AP1802, 3/30/23, District 4; (one-judge decision; ineligible for publication) case activity (including briefs) On an early evening in January, an officer noticed an unoccupied car parked in the lot of a public boat launch. She observed a purse in the vehicle and contacted dispatch to see if she could find… Read more
State v. Thor S. Lancial, 2022AP146-CR, 1/5/22, District 3 (not recommended for publication); case activity (including briefs) A jury convicted Lancial of 10 counts of possession of child pornography. On appeal, he argued that (1) the State’s evidence was insufficient to support the conviction and (2) the circuit court erred in denying his motion to… Read more
