State v. Louis H. LaCount, 2008 WI 59, affirming 2007 WI App 116 For LaCount: T. Christopher Kelly Issue: Whether execution of a search warrant for business records exceeded the warrant’s scope in that the warrant: authorized only the search for and seizure of records that related to a specific business with specifically named clients; and also authorized… Read more
2007-08 Term
State v. Brian Harold Duchow, 2008 WI 57, reversing unpublished decision For Duchow: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding: ¶15 Extrinsic sources include legislative history. Id. The drafting records of the Electronic Surveillance Control Law state that the law “represents Wisconsin implementation of the electronic surveillance portion of [Title III],” the Omnibus Crime Control and Safe Streets… Read more
State v. Brian Harold Duchow, 2008 WI 57, reversing unpublished decision For Duchow: Melinda A. Swartz, SPD, Milwaukee Appellate Issue: Whether a school bus driver’s statements surreptitiously recorded by a voice-activated tape recorder in the student’s backpack were suppressible under WESCL. Holding: ¶2 The dispositive issue in this appeal is whether Duchow’s tape-recorded statements were “oral communication” as… Read more
State v. Nathaniel L. Sumner, 2008 WI 94, reversing unpublished opinion For Sumner: Craig Albee, Carol S. Josten Issue/Holding: ¶23 Our protective search or “frisk” jurisprudence has consistently emphasized that the totality of all circumstances present and known to the officer must be taken into account to assess the legality of the procedure. Naturally, some factors will be… Read more
State v. Ramon Lopez Arias, 2008 WI 84, on Certification For Arias: Lora B. Cerone, SPD, Madison Issue: whether extending a routine traffic stop by 78 seconds so that a dog could perform (without reasonable suspicion) a “drug sniff” amounted to an unlawful seizure. Holding: ¶34 … . There remains no hard-and-fast time limit for when a… Read more
State v. Alexander Caleb Grunke / State v. Dustin Blake Radke, 2008 WI 82, reversing 2007 WI App 198 For Grunke: Suzanne Edwards For Radke: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether § 940.225 criminalizes sexual contact or sexual intercourse with a victim already dead at the time of the sexual activity when the accused… Read more
State v. Brian Harold Duchow, 2008 WI 57, reversing unpublished decision For Duchow: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding ¶21 This second component reflects that protections from unreasonable searches and seizures, as described in the Fourth Amendment of the federal constitution [15] as well as Article I, § 11 of the state constitution, [16] must be determined by reference to the… Read more
State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208 For Doss: Robert R. Henak Issue/Holding: ¶57 Next, we address Doss’s argument that there was insufficient evidence to support her conviction under Wisconsin Statute § 943.20(1)(b). Doss correctly recites the elements the State was required to establish to obtain a conviction: that (1)… Read more
