2008-09 Term

State v. Christopher Baron, 2009 WI 58, affirming 2008 WI App 90 For Baron: Daniel P. Dunn Issue/Holding: The charge of identity theft, based on Baron’s alleged conduct in sending emails from Fischer’s account without authorization and with intent to harm his reputation, is “content based” within the meaning of First Amendment analysis: ¶38      In the case at… Read more

State v. Michael Scott Long, 2009 WI 36, affirming in part and reversing in part unpublished opinionF For Long: Joseph L. Sommers Issue: Whether “restrained or confined” element of false imprisonment was established where the defendant hugged the complainant tightly while committing an act of sexual contact. Holding: ¶28      This court has previously explained that… Read more

State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion Issue/Holding: Support for warrantless entry of a residence to effectuate an arrest may be found where the offense is jailable, even if a misdemeanor; State v. Mikkelson, 2002 WI App 152 overruled: ¶27      Our review of the reasoning of Mikkelson, as compared with that of Welsh and Santana, causes us to overrule Mikkelson and… Read more

State v. Mitchell A. Lange, 2009 WI 49, reversing unpublished opinion For Lange: Steven M. Cohen Issue/Holding: Probable cause to arrest for OWI was based on the following factors: ¶24      First, the driving that Officer Hoffman and Officer Penly witnessed is relevant. The driving was not merely erratic and unlawful; it was the sort of wildly dangerous driving… Read more

State v. Todd Lee Kramer, 2009 WI 14, affirming 2008 WI App 62 For Kramer: Stephen J. Eisenberg, Marsha M. Lysen Issue/Holding: ¶37      We conclude that Wagner had an objectively reasonable basis for deciding that a motorist may have been in need of assistance when he stopped behind Kramer’s vehicle. Kramer was parked on the side of… Read more

State v. Christopher S. Hoppe, 2009 WI 41, affirming 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue/Holding: A court may incorporate a plea questionnaire form into the guilty plea colloquy, but only up to a point:  ¶32     The Plea Questionnaire/Waiver of Rights Form provides a defendant and counsel the opportunity to review together… Read more

State v. Tony Payano, 2009 WI 86, reversing 2008 WI App 74 For Payano: Patrick Cavanaugh Brennan Issue: Payano was convicted of shooting at police officers who entered his apartment under a no-knock warrant; he claimed self-defense (i.e., defending himself against unknown armed intruders); over objection, the State presented an informant’s testimony that the day before he had… Read more