State v. Michael Joseph Gasper, 2023AP2319, 10/30/24, District 4 (recommended for publication); case activity (including briefs) The circuit court held that an officer’s warrantless inspection of a cyber tip digital video file provided to the officer and identified as child pornography by a private internet service provider constituted an unreasonable search in violation of the… Read more
I. Suppression hearings
State v. Mitchell D. Butschle, 2023AP2120-CR, 5/8/24, District II (one-judge decision, ineligible for publication); case activity On appeal from a conviction for operating with a detectable controlled substance, the court rejects Butschle’s claims that police lacked probable cause to arrest. The court affirms because “there were enough indicators of impairment to satisfy probable cause to… Read more
State v. Quaheem O. Moore, 2023 WI 50, 6/20/23, reversing an unpublished court of appeals decision; case activity (including briefs) As many surrounding states continue to legalize marijuana–and with the explosion of CBD and other legal hemp-derived products throughout Wisconsin–some observers have questioned the continued viability of Fourth Amendment rules permitting intrusive law enforcement action… 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. Dylan D. Radder, 2018 WI App 36; case activity (including briefs) In a decision every trial-level criminal defense lawyer must read, the court of appeals affirms the denial of a motion to suppress without an evidentiary hearing because the motion failed to allege sufficient facts to raise a question of disputed fact that must… Read more
State v. Jesse U. Felbab, 2017AP12-CR, 8/2/17, District 2 (1-judge opinion; ineligible for publication); case activity (including briefs) If at first you don’t succeed, try, try, try again. That’s surely the State’s take away from this decision. Deputy Schoonover stopped Felbab for erratic driving and determined that field sobriety tests and a drug-detecting dog were… Read more
State v. Glenn T. Zamzow, 2017 WI 29, 4/6/17, affirming a published court of appeals decision; case activity (including briefs) “The Sixth Amendment guarantees that a defendant whose guilt or innocence is at stake at trial may employ the ‘greatest legal engine ever invented for the discovery of truth.’ …. But the Sixth Amendment does not… Read more
Review of a published court of appeals decision; case activity (including briefs) Issue (composed by On Point): Does the Confrontation Clause or Due Process Clause prohibit a circuit court from relying on hearsay evidence in deciding a suppression motion? It hardly needs saying that this is a significant case with potentially far-reaching impact—indeed, the dissenting court… Read more
