State v. John T. Trochinski, 2002 WI 56, affirming unpublished decision For Trochinski: James L. Fullin, SPD, Madison Appellate Issue: Whether § 948.11(2) is unconstitutional because it doesn’t require proof of knowledge of the age of the person to whom harmful materials are displayed (minority being the sole differentiating factor between noncriminal/protected and criminal conduct… Read more
2001-02 Term
State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89 For Multaler: Jeffrey W. Jensen Issue/Holding: ¶58. Applying these standards, we agree with the court of appeals that the 28 counts to which Multaler pled were not identical in fact. Although some of the downloaded image files… Read more
State v. John Tomlinson, Jr., 2002 WI 91, affirming 2002 WI App 212, 247 Wis. 2d 682, 635 N.W.2d 201 For Tomlinson: John J. Gray Issue: Whether the actions of the defendant’s minor daughter, in opening the door to the police and then walking back into the house when they asked for permission to enter, amounted consent for… Read more
State v. John Tomlinson, Jr., 2002 WI 91, affirming 2002 WI App 212, 247 Wis. 2d 682, 635 N.W.2d 201 For Tomlinson: John J. Gray Issue: Whether the police had consent from a minor to enter the defendant’s home in order to arrest him. Holding: Warrantless entry of a home to effectuate an arrest requires probable cause and exigent… Read more
State v. Jay D. Krajewski, 2002 WI 97, affirming unpublished decision of court of appeals For Krawjewski: Christopher A. Mutschler Issue/Holding: ¶3. … (A) warrantless nonconsensual blood draw from a person arrested on probable cause for a drunk driving offense is constitutional based on the exigent circumstances exception to the warrant requirement of the Fourth Amendment, even if… Read more
State ex rel. Gerard Noel Haas v. McReynolds, 2002 WI 43, affirming unpublished court of appeals decision For Haas: Robert G. Bernhoft Issue/Holding: By voluntarily dismissing an appeal from denial of a first habeas petition, Haas was estopped from filing a second habeas petition in the court of appeals raising the same issue contained in the… Read more
State v. David C. Polashek, 2002 WI 74, affirming in part and reversing in part, 2001 WI App 130 For Polashek: Nila J. Robinson Issue: Whether the element of “disclosure” in § 48.981(7) requires that the recipient not previously have been aware of the confidential information. Holding: Given the plain meaning of “disclosure,” as defined by various dictionaries, as well… Read more
State v. Glenn E. Davis, 2002 WI 75, reversing and remanding 2001 WI App 210, 247 Wis. 2d 917, 634 N.W.2d 922 For Davis: James M. Shellow Issue/Holding: ¶16. The rules on character evidence and expert testimony allow for the admissibility of Richard A.P. evidence. Under our rules of evidence, a defendant may introduce “pertinent trait[s]” of his or her… Read more
