State v. Scott B. Bohlinger, 2013 WI App 39; case activity Bohlinger made a prima facie showing that two prior OWI convictions were invalid because he did not knowingly and intelligently waive the right to counsel due to his limited cognitive capabilities. The circuit court concluded he had not made such a showing because he did… Read more
8. Collateral attack on priors
State v. Juan G. Gracia, 2013 WI 15; affirming unpublished court of appeals decision; case activity Warrantless Entry – “community caretaker” exception Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine because the police had an objectively reasonable basis to believe Gracia… Read more
State v. Verhagen, State v. Nickles, State v. Van Asten, and State v. Bell, 2013 WI App 16; consolidated court of appeals decision; case activity: Verhagen; Nickles; Van Asten; and Bell OWI – Use of first offense to enhance penalty In a prosecution for a second or subsequent OWI offense, New Jersey v. Apprendi, 530 U.S. 466 (2000)… Read more
State v. Joseph L. Hernandez, 2012AP2148-CR, District 2, 2/27/13; court of appeals decision (1-judge, ineligible for publication); case activity The trial court properly found that Hernandez made a prima facie showing that a prior OWI conviction was invalid despite his poor recollection of details of the prior proceeding, distinguishing State v. Hammill, 2006 WI App… Read more
State v. Gary J. Knapp, 2007 WI App 273 For Knapp: Cory C. Chirafisi Issue/Holding: The State may not appeal as a matter of right from a successful collateral attack on a prior OWI conviction, reducing the pending charge from OWI-3rd to -2nd; instead, the State’s remedy is to seek leave to appeal a non-final order: ¶2 … Read more
State v. Joseph J. Hammill, 2006 WI App 128. For Hammill: Patrick J. Stangl Issue/Holding: ¶15 Hammill argues the circuit court erred by counting a Village of Cameron conviction. Hammill was arrested in that case for OWI-first on January 1, 1991. On January 28, Hammill was arrested for OWI in Eau Claire, which was also charged as a… Read more
State v. Joseph J. Hammill, 2006 WI App 128 For Hammill: Patrick J. Stangl Issue/Holding: ¶6 A defendant may collaterally attack a prior conviction in an enhanced sentence proceeding only on the ground that the defendant was denied the constitutional right to counsel. … ¶7 Hammill argues that he made a prima facie showing that he… Read more
State v. Keith S. Krause, 2006 WI App 43 For Krause: Roger G. Merry Issue/Holding: Because collateral attack on a prior conviction used as a sentencing enhancer is limited to denial of counsel, and because the right to counsel does not attach to a civil proceeding, a refusal revocation is not subject to collateral attack on… Read more
