State v. Casey D. Schwandt, 2013AP2775-CR, District 2, 4/23/14 (one judge; ineligible for publication); case activity Schwandt’s knowledge about both the role attorneys play and their specialized training showed he made a valid waiver of counsel in a prior OWI case, despite his claim he was unaware of what an attorney could do for him in the particular case… Read more
3. Particular statutes
State v. Akil C. Jackson, 2014 WI App 50; case activity Under State v. Carter, 2010 WI 132, 330 Wis. 2d 1, 794 N.W.2d 213, Jackson’s statutory summary suspension in Illinois resulting from an OWI and PAC citation counts as a prior conviction under § 343.307(1) even though the citation was eventually dismissed. Carter considered whether a prior… Read more
State v. Anthony R. Giebel, 2013AP1874-CR, District 2, 4/9/14; c0urt of appeals decision (1-judge; ineligible for publication); case activity Giebel challenged his misdemeanor repeater sentence based on the holding in State v. Gerondale, Nos. 2009AP1237/1238-CR, unpublished slip op. (WI App Nov. 3, 2009). While his appeal was pending, the court of appeals decided State v. Lasanske, 2014… Read more
State v. Daniel M. Hirsch, 2014 WI App 39; case activity The equal protection clause isn’t violated by § 343.307(1)(d)‘s differing treatment of Wisconsin and out-of-state” zero tolerance” OWI offenses (which penalize drivers under the legal drinking age who drive with any alcohol concentration). Hirsch had two prior driver’s license suspensions for violation Illinois’s zero tolerance law… Read more
State v. Lee Thomas Lasanske, 2014 WI App 26; case activity In a decision that may finally settle the issue of how to bifurcate enhanced misdemeanor sentences, the court of appeals holds that § 973.01(2)(c)1.’s prohibition against using an enhancer to increase a period of extended supervision does not apply to enhanced misdemeanor sentences. Instead, enhanced misdemeanor… Read more
State v. Torrey L. Smith-Iwer, 2013AP1426-CR, District 1, 12/27/13; court of appeals decision (1-judge; ineligible for publication); case activity Smith-Iwer was convicted of four misdemeanors as a repeat offender under § 939.62(1)(a) and given four consecutive two-year sentences, each consisting of one year of confinement and one year of extended supervision. He moved for postconviction relief… Read more
State v. Scott J. Stelzer, 2013AP1555-CR, District 2, 12/27/13 (1-judge decision; ineligible for publication), case activity After being convicted of his 3rd OWI offense, Stelzer moved to exclude his 2nd OWI (which occurred in 1996) from the calculation of his prior convictions on the grounds that he was not represented by counsel when he pled… Read more
State v. Emmit L. Groce, Jr., 2013AP844-CR, District 1, 9/4/13; court of appeals decision (1-judge; ineligible for publication); case activity Groce was convicted of criminal damage to property as a repeat offender under § 939.62(1)(a) and given a bifurcated sentence consisting of one year of confinement in prison and one year of extended supervision. (¶¶2-3). He… Read more
