State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11 court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity The officer’s erroneous reading of Reierson’s license plate, causing the officer to wrongly believe that his registration had expired, nonetheless supported stop of the car under the good-faith rule. ¶11 We conclude… Read more
B. Search warrants
on petition for review of summary order; for Goss: Daniel J. Chapman; case activity Issue (formulated by On Point: Whether probable cause of intoxication to administer a preliminary breath test under § 343.303 was shown by the smell of alcohol on the driver along with four prior OWI convictions. The catch: with 4 priors, Goss’s legal blood alcohol content limit… Read more
Village of Hortonville v. George A. Buchman, 2010AP2836, District 3, 3/22/11 court of appeals decision (1-judge, not for publication); for Buchman: Walter Arthur Piel, Jr.; case activity Observation of Buchman’s vehicle “operating left of center (line)” established probable cause of a violation of § 346.05 (“shall drive on the right side of the roadway”). This… Read more
Kenosha County v. Jodi A. Braune, 2010AP834, District 2, 3/9/11 court of appeals decision (1-judge, not for publication); for Braune: Theodore B. Kmiec, III; case activity ¶7 We hold that under the plain language of Wis. Stat. § 346.13(3), Braune’s deviation over the fog line was sufficient to establish probable cause that Braune committed a traffic… Read more
County of Sheboygan v. William M. Lane, 2010AP1756, District 2, 2/2/11 court of appeals decision (1-judge, not for publication); for Lane: George Limbeck; case activity; State BiC; Lane Resp. ¶6 As a threshold matter, the County addresses the proper test for assessing the validity of the traffic stop. The County contends that the appropriate standard is… Read more
State v. Joshua L. McDonald, 2010AP1045-CR, District 4, 11/18/10 court of appeals decision (1-judge, not for publication); for McDonald: Tracey A. Wood; McDonald BiC; State Resp.; Reply Traffic Stop – Duration ¶13 We conclude that the time it took for the deputy to ask McDonald whether he had been drinking that night and for McDonald to… Read more
State v. Michael A. Barahona, 2010AP1324, District 4, 10/21/10 court of appeals decision (1-judge, not for publication); for Barahona: Walter A. Piel, Jr.; BiC; Resp.; Reply ¶14 The undisputed facts as disclosed from the record reveal the following: (1) Marks observed Barahona’s vehicle driving in the wrong direction in the eastbound lane of Campus Drive… Read more
State v. Joseph F. Brown, 2010AP832-CR, District 4, 10/14/10 court of appeals decision (1-judge, not for publication); for Brown: Adam Walsh; BiC; Resp. It violates § 347.12(1)(a) to flash high-beam headlights within 500 feet of an oncoming vehicle if the latter’s high-beams are not themselves lit. Because Brown flashed his high-beams within 500 feet of… Read more
