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
3. Franks Doctrine
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
