On Point

State v. Brian S. Wold, 2011AP1518-CR, District 2, 12/14/11

court of appeals decision (1-judge, not for publication); for Wold: Patrick A. Dewane, Jr.; case activity

Report from a named, citizen informant that a particular vehicle was “driving all over the roadway” was sufficiently reliable to support traffic stop for OWI, even though after spotting the vehicle, the officer followed it for a mile without himself observing any traffic violations. 

on review of unpublished decision; for Martin: Byron C. Lichstein; case activity; prior post

Miranda – “Interrogation” 

Issue (composed by On Point):

Whether an exchange between Martin and an officer was the functional equivalent of “interrogation” so as to require interrogation.

The facts, very briefly, as taken from the court of appeals’ decision: Martin was under arrest for DC when an officer fished a gun out of his car.

State v. Todd A. Schreiber, 2011AP1191-CR, District 1, 12/13/11

court of appeals decision (1-judge, not for publication); for Schreiber: Dustin C. Haskell, SPD, Milwaukee Appellate; case activity

Lane deviations provided reasonable suspicion for traffic stop.

¶9        In applying these standards, we agree with the circuit court that Grunwald had sufficient reasonable suspicion to stop Schreiber.  Grunwald testified that he had five years of experience patrolling roads,

State v. Tiffany Michelle Flowers, 2011AP1757-CR, District 1, 12/13/11

court of appeals decision (1-judge, not for publication); for Flowers: Daniel A. Necci; case activity

Conviction for carrying a concealed weapon (gun in a purse, in a car), § 941.23, upheld against second amendment challenge to facial validity. Court rejects strict scrutiny test. (The statute was amended by 2011 Wis. Act 35, §§ 50-55, to allow among other things conceal-carry for licensees;

State v. William A. Grantham, 2010AP2693-CR, District 3, 12/13/11

court of appeals decision (not recommended for publication); for Grantham: Peter C. Rotter; case activity

Search warrant, for thermal imaging device use against residence, passes muster even if labeled “order.”

¶5        Grantham acknowledges that our supreme court has concluded, “An order meeting the parameters of a search warrant set out in [Wis. Stat. § 968.12(1)][2] is a statutorily authorized warrant,

Hardy v. Irving L. Cross, USSC No. 11-74, 12/12/11, reversing Cross v. Hardy, 7th Cir No. 09-1666

The Seventh Circuit grant of habeas relief, on the ground “the state failed to demonstrate that it employed good faith efforts to locate the complainant” before declaring her “unavailable” and allowing her prior testimony to be read to the jury, is reversed:

The Antiterrorism and Effective Death Penalty Act of1996 (AEDPA),

State v. Jason L. Decorah, 2011AP662-CR, District 4, 12/8/11

court of appeals decision (1-judge, not for publication); for Decorah: Corey C. Chirafisi; case activity

Collateral attack on a prior OWI used as a current enhancer, on the ground Decorah didn’t understand the range of penalties therefore didn’t validly waive counsel. Decorah prevailed below, and the court affirms on this State’s appeal:

¶3        Decorah’s collateral attack is based on his contention that,

Dane Co. DHS v. Lee H., 2011AP1138, District 4, 12/8/11

court of appeals decision (1-judge, not for publication); for Lee H.: Theresa J. Schmieder; case activity

The trial court did not err in directing answers to special verdict questions with respect to two elements of grounds for terminating parental rights (existence of order containing TPR notice placing the child outside the parent’s home; failure to visit or communicate with child 3 months or longer).

State v. John R. Nelson, 2011AP125-CR, District 2, 12/7/11

court of appeals decision (1-judge, not for publication); for Nelson: John A. Nelson; case activity

The officer’s observation that Nelson’s vehicle intruded “somewhat into the intersection” before stopping provided reasonable suspicion for a stop-sign violation, § 346.46(1). The stop wasn’t unnecessarily prolonged by summoning a drug dog while the officer ran record checks and issued a warning ticket.

on review of unpublished decision; for Cain: Faun M. Moses, SPD, Madison Appellate; case activity; prior post

Guilty Plea Procedure – Defendant’s Denial of Element / Manifest Injustice

Issues (composed by On Point): 

1. Whether, if a defendant at the guilty-plea proceeding explicitly denies the existence of an elemental fact, the trial court must decline to accept the plea.

2.