court of appeals decision (i-judge; not for publication); for Rice: Tracey A. Wood; BiC; Resp.; Reply Search & Seizure – Denial of Motion to Suppress without Evidentiary Hearing ¶6 Regarding the applicability of [State v.] Garner [, 207 Wis. 2d 520, 558 N.W.2d 916 (Ct. App. 1996) to the present case, we find no published… Read more
I. Suppression hearings
State v. Christopher D. Sloan, 2007 WI App 146 For Sloan: Thomas E. Hayes Issue/Holding: Immaterial differences of memory don’t establish the “deliberate falsity or reckless disregard” for truth required to trigger a Franks hearing, ¶¶17-21; nor is such a hearing mandated in the absence of specific request, ¶22. … Read more
State v. Guy W. Colstad, 2003 WI App 25 For Colstad: T. Christopher Kelly Issue/Holding: Expert testimony is not a prerequisite for admission of a PBT result at a suppression hearing. ¶29. … Read more
State v. Harold C. Mikkelson, 2002 WI App 152 For Mikkelson: Michael Yovovich, SPD, Madison Appellate Issue: Whether the state waived an appellate argument in opposition to suppression by not raising it at the suppression hearing. Holding: ¶14 “The waiver rule serves several important objectives. Raising issues at the [circuit] court level allows the …. court… Read more
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: Failure of the warrant application to include dismissal of prior criminal charge listed against defendant didn’t mislead judge, who would have inferred that had the charge resulted in conviction that result would have been asserted… Read more
State v. Jeffrey L. Loranger, 2002 WI App 5, PFR filed 1/22/02 For Loranger: Richard B. Jacobson, James C. Murray Issue: Whether the search warrant was based on intentionally or recklessly false averments, Franks v. Delaware, 438 U.S. 154 (1978). Holding: ¶23. Viewing the totality of the circumstances, we conclude that the issuing court commissioner had a… Read more
State v. Eddie McAttee, 2001 WI App 262 For McAttee: Russell D. Bohach Issue: Whether the Riverside probable cause finding was tainted by a factual misrepresentation (specifically, that McAttee had been implicated by a “coconspirator”) in the police report submitted in support of continued detention. Holding: Though describing the informant as a coconspirator “may have been legally… Read more
State v. Frederick G. Jackson, 229 Wis. 2d 328, 600 N.W.2d 39 (Ct. App. 1999) For Jackson: Allan D. Krezminski Holding: Jackson failed his burden of production that the state violated his rights (more concretely: unless the hospital personnel were acting as state’s agents, there would be no governmental interference with his rights under the fourth… Read more
