by admin
on September 18, 2022
State v. Eric J. Debrow, 2021AP1732, 7/21/22, District 4 (not recommended for publication); petition for review granted, 12/15/22, reversed, 2023 WI 54; case activity (including briefs)
The court of appeals holds Debrow is entitled to a new trial because of the unfair prejudice caused by one witness’s testimony that would have led the jury to conclude Debrow had a prior criminal conviction that led the witness to be “on alert” when Debrow went into the bedroom of two children. [continue reading…]
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by admin
on September 18, 2022
State v. Travis D. Huss, 2021AP1858, 7/20/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
Huss was stopped at 1 a.m. for going through a flashing red light without stopping. The officer suspected he was impaired and eventually arrested him for OWI. Huss asked the officer to give him a preliminary breath test before she arrested him, but the circuit court excluded evidence of his request from being admitted at trial. The court’s ruling was not an erroneous exercise of discretion. [continue reading…]
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by admin
on August 14, 2022
State v. Kallie M. Gajewski, 2020AP7-CR, District 3, 8/2/22 (not recommended for publication); case activity (including briefs)
Police arrested Gajewski in the curtilage of her home without a warrant and exigent circumstances. While this makes the arrest unlawful, the evidence obtained from the arrest is not subject to suppression because police had probable cause to arrest her. [continue reading…]
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by admin
on August 14, 2022
State v. Quaheem O. Moore, 2021AP938-CR, District 4, 7/28/22 (not recommended for publication), state’s petition for review granted 12/21/22; reversed 2023 WI 50; case activity (including briefs)
Police stopped Moore for speeding and, after detecting the odor of what the officer believed to be marijuana, searched Moore. (¶¶2-9). Distinguishing State v. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387 (1999), the court of appeals affirms the circuit court’s suppression order, holding that the odor of marijuana, by itself or coupled with other information, did not provide probable cause to arrest Moore and search him incident to arrest. [continue reading…]
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by admin
on August 14, 2022
State v. Donald A. Whitaker, 2022AP204-CR, District 2, 7/27/22 (one-judge decision; ineligible for publication); case activity (including briefs)
A telephonic warrant may be valid even if the court did not arrange for an electronic or written recording of the officer’s telephone call to be made. [continue reading…]
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by admin
on August 12, 2022
Barron County v. K.L., 2021AP133, District 3, 8/9/22 (one-judge decision; ineligible for publication); case activity
Langlade County v. D.J.W., 2020 WI 41, ¶3, 391 Wis. 2d 231, 942 N.W.2d 277, held that “going forward circuit courts in recommitment proceedings are to make specific factual findings with reference to the subdivision paragraph of Wis. Stat. § 51.20(1)(a)2. on which the recommitment is based.” Deciding an issue addressed in the dissenting opinion in Sheboygan County v. M.W., 2022 WI 40, the court of appeals holds the failure to comply with D.J.W.‘s findings requirement can be a harmless error and was harmless in this case.
[continue reading…]
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by admin
on August 12, 2022
Portage County DHHS v. A.K., 2022AP30, District 4, 8/11/22 (one-judge decision; ineligible for publication); case activity
A parent’s failure to raise the issue of the circuit court’s personal jurisdiction as a defense during the TPR proceeding means the issue was waived. [continue reading…]
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by admin
on August 12, 2022
State v. Michael Justin Schwersinske, Jr., 2022AP162-CR, District 2, 8/10/22 (one-judge decision; ineligible for publication); case activity (including briefs)
Schwersinske concedes the lawfulness of the initial stop of the car he was driving for crossing the centerline of Highway 151. But he argues, unsuccessfully, that the officer didn’t have reasonable suspicion to extend the stop to have Schwersinske do field sobriety tests. [continue reading…]
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