State v. Mark T. Solheim, 2024AP239, District II, 9/18/24 (one-judge decision; ineligible for publication); case activity In its decision reversing the circuit court’s order suppressing evidence obtained pursuant to a warrant for a blood draw, the Court of Appeals reminds that Franks and its Wisconsin counterpart Anderson require defendants challenging the veracity of an affidavit… Read more
B. Search warrants
City of Mequon v. Schumacher, 2023AP2411, 7/3/24, District II (one-judge decision; ineligible for publication); case activity COA determines person suspected of driving under the influence does not have right under implied consent statute, Wis. Stat. § 343.305, to refuse blood test if the person offers to take a breath or urine test instead. John Schumacher… Read more
State v. Joseph S. Schenian, 2023AP2017-CR, 6/5/24, District II (1-judge decision, ineligible for publication); case activity Despite Schenian’s best efforts to do away with a damaging PBT result, COA rejects his arguments and affirms. Schenian drew the attention of police while operating his Jeep, at around 2:30 A.M., with a top-mounted light so bright it… Read more
State v. Jacob Richard Beyer, 2022AP2051, 1/11/24, District 4 (not recommended for publication); case activity (including briefs) Although Beyer labors mightily at conjuring up legal arguments for reversal, COA is uniformly unpersuaded and unimpressed by his arguments and affirms. As summarized by the COA, the underlying law enforcement investigation began when specialized investigative software downloaded… Read more
State v. Laquanda N. Strawder, 2022AP2112, 1/17/24, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court held that police lacked probable cause to arrest Strawder for OWI and suppressed the resulting evidence, including her breath test results. The state appealed, claiming the circuit court’s factual findings and analysis were so… Read more
State v. Lauren Dannielle Peterson, 2023AP890-CR, 12/29/23, District 4 (one-judge case, ineligible for publication); case activity Peterson’s circuit court win is short-lived after the court of appeals concludes that reasonable suspicion existed to initiate an OWI investigation and probable cause existed to ask Peterson to perform a preliminary breath test (PBT). Peterson was stopped around… Read more
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
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
