State v. Timothy M. Argall, 2020AP907-CR, District 2, 11/18/20 (one-judge decision; ineligible for publication); case activity (including briefs) Argall was arrested for OWI based on a plethora of evidence—viz., driving after dark without headlights, slurred speech, odor of alcohol, inability to follow questions or give direct answers, admission of drinking 4 to 6 beers, 0.201… Read more
2. Traffic stops
State v. Sarah J. Katula-Talle, 2019AP1622-CR, District 3, 10/6/20 (one-judge decision; ineligible for publication); case activity (including briefs) A police officer had contact with Katula-Talle while responding to a domestic disturbance call. The department’s standard procedure in those situations is to run a driver’s license and warrant check on everyone the officers have contact with… Read more
State v. Michael Thomas Martell, 2019AP927-CR, District 3, 7/21/20 (one-judge decision; ineligible for publication); case activity (including briefs) An officer located and started following Martell’s SUV after getting dispatchers relayed a tip describing a vehicle driving erratically. What the officer saw provided reasonable suspicion for a traffic stop. ¶13 Specifically, [Lieutenant] Schaub observed… Read more
State v. Jeffrey I. Quitko, 2019AP200-CR, District 3, 5/12/20 (not recommended for publication); case activity (including briefs) Quitko’s motion to suppress evidence obtained following his traffic stop for speeding violation should have been granted because law enforcement lacked probable cause to request that he submit to a preliminary breath test (PBT). ¶2 …… Read more
State v. David William Krumm, 2019AP243-CR, District 3, 5/5/20 (one-judge decision; ineligible for publication); case activity (including briefs) Under § 343.303 and County of Jefferson v. Renz, 231 Wis. 2d 293, 603 N.W.2d 541 (1999), there was probable cause to believe Krumm was operating while intoxicated, so police could request he submit to a preliminary breath… Read more
Kansas v. Glover, USSC No. 18-556, 2020 WL 1668283, 4/6/20, reversing State v. Glover, 422 P.3d 64 (Kan. 2018); Scotusblog page (including links to briefs and commentary) In a self-described “narrow” decision, the Supreme Court holds that, in the absence of information negating the inference that the owner was driving, a police officer had reasonable… Read more
State v. Bartosz Mika, 2019AP1488, District 2, 2/19/20 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court appropriately exercised its discretion in continuing Mika’s refusal hearing so the state could call another witness, and the testimony of the additional witness established police had reasonable suspicion to stop Mika. After Mika was arrested… Read more
State v. Jacqueline A. Ziriax Anderson, 2018AP2410-CR, District 3, 2/11/20 (one-judge decision; ineligible for publication); case activity (including briefs) The state offered Anderson a deal: plead to OWI 2nd and it would recommend the minimum mandatory penalties. The state made that offer because the arresting officer had resigned from the department due to some “mental… Read more
