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35. Search & Seizure

State v. John J. Drachenberg, 2022AP2060-CR, 10/12/23, District IV (recommended for publication); case activity In a decision recommended for publication, COA clarifies that the “execution” of a search warrant does not include forensic analysis that can occur weeks or months later. Accordingly, even though those activities may occur outside the statutory window, this does not… Read more

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State v. Michael Gene Wiskowski, 2021AP2105, review of a per curiam court of appeals decision granted 9/26/23; reversed 6/18/24 case activity (including briefs, PFR and response) Issues presented (from the PFR): When the report of a person sleeping in a car while waiting in line at a drive thru is contradicted by the officer’s observation… Read more

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State v. Troy Allen Lanning, 2021AP1849, 9/19/2023, District 3, recommended for publication; case activity (including briefs) Here’s an odd one. The state charged Lanning in a meth trafficking operation and separately filed a civil action seeking forfeiture of some real property that he owned, had lived in, and, said the state, distributed meth from. See… Read more

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City of Whitewater v. Douglas E. Kosch, 2022AP800, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs) Although Kosch throws the kitchen sink at his OWI and refusal convictions, COA methodically works through his myriad challenges on a path toward affirmance. This OWI case begins with a 911 call from a motel… Read more

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COA rejects challenges to OWI refusal

State v. Michael A. Wilson, 2022AP1099, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available) Despite some procedural quirks, the Court of Appeals wastes no time in affirming what turns out to be a relatively straightforward refusal conviction. Wilson appeals a conviction for refusing to take an evidentiary test following his arrest… Read more

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State v. Richard Chad Quinlan, 2022AP1855-1857, 8/17/2023, District 4 (one-judge decision; ineligible for publication) case activity (including briefs) Two DNR wardens suspected Quinlan had been engaging in some illegal hunting practices. They approached his cabin in plain clothes and in an unmarked truck. Quinlan’s mother was outside; the wardens identified themselves and said they wanted… Read more

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State v. Roger James Gollon, 2023AP86-CR, District 4, 7/27/23 (one-judge decision; ineligible for publication); case activity (including briefs) Gollon moved to suppress evidence police obtained after they entered his home without a warrant. The trouble, the court of appeals holds, with Gollon’s claim is that police utlized an accepted “knock-and-talk” investigating technique to gain entry… Read more

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State v. Nicholas Anthony Stilwell, 2022AP1839, 7/20/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) This case has facts remarkably like those of State v. Cundy, a recommended-for-publication case the court of appeals decided the week before. Police received a report of a hit-and-run of a parked vehicle, and learned the truck… Read more

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