State v. Scott R. Jensen, 2010 WI 38, reversing 2009 WI App 26, prior history omitted; for Jensen: Robert H. Friebert; BiC; Resp.; Reply ¶1 … The issue presented is whether Waukesha County Circuit Court is the proper venue for Jensen’s trial because it is the “circuit court for the county where the defendant resides”… Read more
2009-10 Term
State v. James W. Smith, 2010 WI 16, affirming 2009 WI App 16; for Smith: Shelley M. Fite, SPD, Madison Appellate The § 301.45 reporting requirement applicable to any violation of false imprisonment of a minor not the defendant’s child is rationally related to a legitimate government interest in protecting the public, particularly children, ¶¶27-36. Keep… Read more
State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: Frisk analysis applies to police demand that suspect drop object in hand, ¶22. ¶23 Here, Carroll led officers on a high-speed chase in a car that the officers had been observing in connection with an armed robbery… Read more
State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: Displayed image on cell phone satisfied plain view doctrine (lawful position of officer, inadvertent discovery, probable cause to be images displayed contraband), ¶¶23-25… Read more
State v. Jermichael James Carroll, 2008 WI App 161, affirmed on other grounds, 2010 WI 8 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: Continued possession of Carroll’s cell phone justified, though Carroll not in custody. Expectation of privacy in cell phone analogous to that attending “closed container” such as luggage, as to which detention of container… Read more
