State v. Patrick Hogan, 2015 WI 76, 7/10/2015, affirming a court of appeals per curiam decision, 2013AP430-CR, majority opinion by Prosser; concurrence by Ziegler, dissent by Bradley (joined by Abrahamson); case activity (including briefs) Sixteen seconds. It takes longer than that just to find your keys, get into your car, buckle up and start your… Read more
H. Exclusionary rule
The 4th Amendment has been described by Conservative HQ as “one of the most important arrows in the quiver against bullying big government.” Because the government doesn’t just search and seize paper–it also goes after your cell phones, your Facebook account, your email (even when stored on Google’s server), your tweets, your DNA (by definition… Read more
Review of an unpublished per curiam court of appeals decision; affirmed 2016 WI 10; case activity (including briefs) Issue (composed by On Point) Was a warrantless blood draw of a person suspected of having ingested heroin justified because, at the time of the search, State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), held… Read more
State v. Gary Monroe Scull, 2015 WI 22, 3/5/16, affirming a published court of appeals decision; lead opinion by Justice Bradley; case activity (including briefs) In a decision that fails to engage the real issue presented in the case, the supreme court holds that the good-faith exception to the exclusionary rule recognized in State v. Eason… Read more
State v . Randall L. Shepherd, 2014AP962, 2/5/15, District 4 (1-judge opinion; ineligible for publication); click here for docket and briefs A another day. Another challenge to a pre-McNeely warrantless blood draw bites the dust. You know the routine. An officer takes a warrantless blood from a defendant. No exigent circumstances exist. Defendant moves to suppress. The State… Read more
State v. Tyler M. Pasch, 2014AP1193-CR, District 3, 2/3/15 (1-judge decision; ineligible for publication); case activity (including briefs) Another day, another decision holding the good-faith exception to the exclusionary rule applies to blood drawn without a warrant or exigent circumstances because the blood draw happened before Missouri v. McNeely, 133 S. Ct. 1552 (2013), effectively overruled State… Read more
State v. Cassius A. Foster, 2014 WI 131, 12/26/14, affirming a court of appeals summary disposition; majority opinion by Justice Crooks; case activity State v. Alvernest Floyd Kennedy, 2014 WI 132, 12/26/14, affirming an unpublished court of appeals decision; majority opinion by Justice Gableman; case activity State v. Michael R. Tullberg, 2014 WI 134, 12/26/14, affirming a per curiam… Read more
State v. Jeremiah R. Popp & Christopher A. Thomas, 2014 WI App 100; case activity: Popp; Thomas The search warrant for the home shared by Popp and Thomas was invalid because the primary basis for the warrant was derived from observations made by police when they trespassed on the defendants’ property and peered into their windows. After… Read more
