State v. Michael C. Hess, 2014AP268-CR, District 3, 11/11/14 (not recommended for publication); case activity While the trial evidence was sufficient to support the jury’s verdict that Hess possessed methamphetamine, Hess is entitled to a new trial in the interest of justice because the verdict may have been influenced by evidence offered to proved drugged-driving charges that were… Read more
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State v. Cassius A. Foster, 2011AP1673-CRNM: Review of a court of appeals summary disposition; case activity State v. Alvernest Floyd Kennedy, 2012AP523-CR: Review of an unpublished court of appeals decision; case activity State v. Michael R. Tullberg, 2012AP1593-CR: Review of an unpublished court of appeals decision; case activity Issues presented (composed by On Point) Whether the draw… Read more
State v. Peter T. Heine, 2014 WI App 32; case activity Heine was charged with reckless homicide for supplying heroin to a young man who died after using the drug. (¶1). Tranchida, the pathologist who conducted the autopsy, concluded the victim died of a heroin overdose based both on his findings during the autopsy and on a toxicology… Read more
State v. Robert B. Sonnenberg, 2012AP1025, District 2, 9/19/12 court of appeals decision (1-judge, ineligible for publication); case activity Evidence held sufficient to sustain Sonnenberg’s conviction for OWI-1st. He admitted that he drank some indeterminate amount of alcohol before his car had a flat tire and then drank more on the side of the road… Read more
State v. Dimitrius Anagnos, 2012 WI 64, reversing 2011 WI App 118; case activity OWI – Refusal Hearing – Authority to Litigate Constitutionality of Traffic Stop Constitutionality of the traffic stop may be raised as a defense at a refusal hearing, § 343.305(9)(a)5.a. ¶29 In this case, the relevant portion of the statute is found in sub. (9)(a)5.a. That subsection… Read more
On Point is very pleased to present this Guest Post discussion of Bullcoming v. New Mexico by Daniel D. Blinka, Professor of Law, Marquette University of Virginia. (Cross-posted at Marquette.) Professor Brandon L. Garrett, Virginia, also has a Guest Post on Bullcoming. Feel free to submit comments in the box at the end of the Post. Note… Read more
State v. Joseph R. Luebeck, 2006 WI App 87, (State’s) PFR filed 5/17/06 For Luebeck: Alex Flynn; Adam B. Stephens; Rebecca Robin Lawnicki Issue: Whether the traffic stop, valid at inception, was impermissibly extended so as to invalidate consent to search the car. Holding: ¶14 … (I)n its decision reaffirming the order granting Luebeck’s motion to suppress the evidence, the circuit court… Read more
State v. Richard B. Wilkens, 2005 WI App 36 For Wilkens: Waring R. Fincke Issue/Holding: ¶14. In Wisconsin, the general standard for admissibility is very low. Generally, evidence need only be relevant to be admissible. See Wis. Stat. § 904.02; State v. Eugenio, 219 Wis. 2d 391, 411, 579 N.W.2d 642 (1998) (“All relevant evidence is admissible unless otherwise… Read more
