County of Sauk v. Thomas D. McDonald, 2014AP1921, District 4, 5/7/15 (one-judge decision; ineligible for publication); case activity (including briefs)
McDonald was arrested for OWI and taken to the county jail, where his blood was drawn by a paramedic employed by the city’s ambulance service. Contrary to McDonald’s claims, his blood draw was constitutionally reasonable and the paramedic who performed the blood draw was a “person acting under the direction of a physician,” as required by § 343.305(5)(b).
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State v. Andrew J. Joda, 2014AP1949 & 2014AP1950, District 2, 5/6/15 (one-judge decision; ineligible for publication); case activity (including briefs)
Given the trial court’s conclusion that Deputy Becker’s testimony was more credible than Joda’s testimony, the court factual findings are not clearly erroneous just because there was a discrepancy between Becker’s testimony and his written report and Becker was unable to remember exactly where he was when he saw Joda make an illegal u-turn.
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Langlade County v. Casey Joseph Stegall, 2014AP2369, District 3, 5/5/15 (one-judge decision; ineligible for publication); case activity (including briefs)
Reasonable suspicion does not require the presence of certain facts, or a certain number of facts; rather, “what constitutes reasonable suspicion is a common sense test: under all the facts and circumstances present, what would a reasonable police officer reasonably suspect in light of his or her training and experience.” State v. Young, 212 Wis. 2d 417, 424, 569 N.W.2d 84 (Ct. App. 1997). That “common sense test” was met here.
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by admin
on April 30, 2015
State v. Eric L. Nigl, 2014AP1876-CR, District 4, 4/30/15 (not recommended for publication); case activity (including briefs)
Nigl challenged his conviction for a sex offender registry violation by attacking the validity of the juvenile delinquency disposition that required him to register. The court of appeals holds Nigl forfeited his challenge because he could have sought a waiver or stay of the registration requirement at the time of the delinquency adjudication.
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by admin
on April 30, 2015
State v. Richard S. Foley, 2014AP2601-CR, District 4, 4/30/15 (one-judge decision; ineligible for publication); case activity (including briefs)
Detaining Foley in a squad car during a traffic stop was reasonable under the circumstances and didn’t transform the stop into an arrest.
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by admin
on April 30, 2015
Waushara County v. F.E.K., 2014AP2987, District 4, 4/30/15 (one-judge decision; ineligible for publication); case activity
The evidence was sufficient to show F.E.K. was not competent to refuse medication or treatment because he received an appropriate explanation of the alternatives to medication and treatment.
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by admin
on April 29, 2015
State v. Roddee W. Daniel, 2015 WI 44, 4/29/15, affirming and modifying a published court of appeals decision; opinion by Justice Bradley; case activity (including briefs)
This opinion clarifies the procedure for determining the competency of a defendant during postconviction proceedings by holding that once the issue of a defendant’s competency has been raised, the state bears the burden of showing by a preponderance of the evidence that the defendant is competent to proceed.
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by admin
on April 26, 2015
State v. Michael R. Luedtke/State v. Jessica M. Weissinger, 2015 WI 42, 4/24/15, affirming two published decisions of the court of appeals: Luedtke; Weissinger; majority opinion by Justice Gableman; case activity (including briefs): Luedtke; Weissinger
Brushing aside the argument that the Wisconsin Constitution’s due process clause provides greater protection to its citizens than the federal constituiton, the supreme court affirms the existing Wisconsin rule governing claims that the destruction of evidence by the state violates a defendant’s right to due process.
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