State v. Andre M. Chamblis, 2015 WI 53, 6/12/15, reversing an unpublished per curiam decision of the court of appeals; opinion by Justice Crooks; case activity (including briefs) The supreme court unanimously holds that when the parties in an OWI prosecution are disputing the number of prior offenses, the circuit court can require the dispute to be… Read more
3. Particular statutes
State v. Sherwood A. Lebo, 2014AP730-CR, District 3, 4/7/15 (not recommended for publication); case activity (including briefs) Lebo failed to make a prima facie showing that his right to counsel was violated in two prior OWI proceedings because he didn’t point to specific facts demonstrating that he did not know or understand information that should have… Read more
Review of a per curiam court of appeals decision; case activity Issues (composed by SCOW). See order granting review. 1. Where a defendant seeks to plead guilty or no contest to a charge of operating a motor vehicle while under the influence of an intoxicant (OWI), or with a prohibited alcohol concentration (PAC), do State v. Bangert… Read more
Review of a published court of appeals decision; case activity: 2013AP1753-CR; 2013AP1754-CR Issue (composed by On Point) Does Guarnero’s conviction for violating the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act qualify as a prior offense under the repeat drug offender enhancement provision of § 961.41(3g)(c) because the RICO conviction’s predicate acts involved, among other things, controlled substance… Read more
City of Kaukauna v. Grant R. Loescher, 2014AP954, District 3, 11/4/14 (1-judge decision; ineligible for publication); case activity Loescher’s 1997 conviction for first-offense OWI is not void because it was properly counted as a first offense despite his OWI conviction in 1992. Loescher claimed his 1997 offense should have been charged as a criminal second-offense OWI because he had… Read more
State v. Eric T. Alston, 2013AP1833-CR & 2013AP1834-CR, District 4, 4/19/16 (1-judge; ineligible for publication); case activity: 2013AP1833-CR; 2013AP1834-CR Bifurcated sentences that were first modified under the now-superseded, unpublished ruling in State v. Gerondale have to be modified again because they violate the rule that the confinement portion of a bifurcated sentence can’t exceed 75% of the total sentence. Alston complained that his enhanced… Read more
State v. Thaddeus M. Lietz, 2013AP1283-CR, District 3, 5/20/14 (1-judge; ineligible for publication); case activity Leitz’s statements to police were not obtained in violation of either the Fifth or Sixth Amendment, so the circuit court properly denied his suppression motion. Lietz had been issued a forfeiture citation for trespass in Waukesha county when Appleton Police… Read more
State v. Rogelio Guarnero, 2014 WI App 56, petition for review granted 11/14/14, affirmed, 2015 WI 72; case activity: 2013AP1753-CR; 2013AP1754-CR Guarnero’s conviction for violating the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act was a conviction for a crime “under a statute … relating to controlled substances,” and therefore qualified as a prior offense under the repeat drug… Read more
