by admin
on November 29, 2017
State v. Xavier Grullon, 2016AP2404-CR, District 3, 11/28/17 (one-judge decision; ineligible for publication); case activity (including briefs)
A tip from a 911 caller together with an officer’s observations provided reasonable suspicion for a traffic stop, holds the court of appeals. [continue reading…]
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by admin
on November 27, 2017
State v. Willie Brownlee, Jr., 2015AP2319-CR, 11/21/17, District 1, (not recommended for publication); case activity (including briefs)
Two officers stopped Brownlee after he drove his rental car through a red light. One officer approached the driver’s side, the other approached the passenger side occupied by Brownlee’s friend. Both smelled the distinct odor of burnt marijuana. They ordered Brownlee and his friend out of the car and searched it. Guess what they found in the glove compartment? [continue reading…]
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by admin
on November 20, 2017
At least three justices of the Supreme Court of the United states think so. [continue reading…]
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by admin
on November 19, 2017
Today’s edition of SCOWstats follows up on a forthcoming Vanderbilt Law Review article, State Criminal Appeals Revealed, which used a new dataset from the Bureau of Justice Statistics and the National Center on State Courts to examine state supreme court decisions in felony appeals. The article did not include Wisconsin cases, so SCOWstats supplies the missing data. Have a look. You might find a surprise or two!
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by admin
on November 15, 2017
State v. James R. Stib, 2017AP3-CR, District 2, 11/15/17 (not recommended for publication); case activity (including briefs)
Stib argues his traffic stop was unlawfully prolonged to conduct a dog sniff under Rodriguez v. United States, 135 S. Ct. 1609 (2015). Assuming Stib is correct, suppression of the evidence seized after the dog alerted is inappropriate under the good-faith exception to the exclusionary rule because the dog sniff was conducted in objectively reasonable reliance on then-existing precedent, namely, State v. Arias, 2008 WI 84, 311 Wis. 2d 358, 752 N.W.2d 748.
[continue reading…]
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by admin
on November 14, 2017
State v. Patrick H. Dalton, 2016AP2483-CR, petition for review 0f an unpublished court of appeals opinion granted 11/13/17; case activity (including briefs)
Issues:
1. Under Missouri v. McNeely and Birchfield v. North Dakota, may a circuit court impose a harsher criminal punishment because a defendant exercised his constitutional right to refuse a warrantless blood draw?
2. Whether Dalton was denied the effective assistance of counsel where his attorney failed to move to suppress blood evidence on grounds that police lacked exigent circumstances to forcibly draw his blood without a warrant?
[continue reading…]
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by admin
on November 14, 2017
State v. Kyle Lee Monahan, 2014AP2187, petition for review of an unpublished COA decision granted 11/13/17; case activity (including briefs)
The parties and the state agree that the circuit court erred in excluding Kyle Monahan’s proffered GPS evidence from his trial; the only dispute in this appeal is whether that error is harmless beyond a reasonable doubt. [continue reading…]
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by admin
on November 14, 2017
State v. R.G., 2017AP1078, District 1, 11/14/17 (one-judge decision; ineligible for publication); case activity
After R.G.’s parental rights were terminated the child was removed from the care of D.L., the foster parent at the time of the TPR dispositional hearing and prospective adoptive parent, because D.L. was abusing the child. (¶¶5-6). A new disposition hearing isn’t merited because this new evidence wasn’t sufficient to “affect[] the advisability of the court’s original adjudication” under § 48.46(1) and Schroud v. Milw. Cty. Dep’t of Pub. Welfare, 53 Wis. 2d 650, 654, 193 N.W.2d 671 (1972). (¶¶10-15). [continue reading…]
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