State v. Jaime Romero, 2009 WI 32, reversing unpublished opinion For Romero: Thomas E. Hayes Issue/Holding: Search warrant affidavit, based in part on incriminatory statements of “unwitting” informant (“Mr. X”), established probable cause: ¶29 In the instant case a confidential informant told a law enforcement officer what someone else had told him. In such a case, the veracity… Read more
2008-09 Term
State v. Dhosi J. Ndina, 2009 WI 21, affirming 2007 WI App 268 For Ndina: Richard L. Kaiser Issue/Holding: (Generally:) ¶29 Although cases sometimes use the words “forfeiture” and “waiver” interchangeably, the two words embody very different legal concepts. “Whereas forfeiture is the failure to make the timely assertion of a right, waiver is the… Read more
State v. Dhosi J. Ndina, 2009 WI 21, affirming 2007 WI App 268 For Ndina: Richard L. Kaiser Issue/Holding1: Closure of the courtroom to numerous members of defendant’s family during witness testimony implicated the right to public trial: ¶51 Although the United States Supreme Court has stated that pursuant to the Sixth Amendment right to a public trial, “an… Read more
State v. Melvin Bridges, 2009 WI 66, PFR filed 5/18/09 For Bridges: Michael S. Holzman Issue/Holding: Frisk of Bridges during routine traffic stop (defective brake lights) upheld, where the early-evening stop was in an area “where the police had received numerous complaints of gunshots fired at night,” and Bridges when pulled over had made “a questionable movement”; State v… Read more
State v. Michael Scott Long, 2009 WI 36, affirming in part and reversing in part unpublished opinion For Long: Joseph L. Sommers Issue: Whether use of force element of second-degree sexual assault was established where the defendant asked the complainant to rate his penis then hugged her so that she could feel his penis through… Read more
State v. Jeffrey A. Warbelton, 2009 WI 6, affirming 2008 WI App 42 For Warbelton: Paul G. Lazotte, SPD, Madison Appellate Issue/Holding: Prior conviction for a violent crime is element, not penalty enhancer, of stalking, §§ 940.32(2) & (2m)(a): ¶30 First, sub. (2m)(a) designates a list of specific crimes that elevate a simple stalking offense… Read more
State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion For Ferguson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Where it was clear not only that Ferguson obstructed the police outsideher apartment but also that the jury so found, arguable omission of a “complete” instruction on whether the police acted with lawful authority in entering her apartment was… Read more
State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion For Ferguson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶31 Because “lawful authority” is an element of obstruction under Wis. Stat. § 946.41(1), if the jury was not properly instructed on the meaning of “lawful authority,” given the facts presented to the jury, the circuit court erred.See Harvey… Read more
