On Point blog, page 21 of 118
Defense Win! COA upholds suppression of evidence obtained from defendant’s Dropbox account
State v. Steven W. Bowers, 2023 WI App 4; case activity (including briefs)
In this important decision addressing a novel Fourth Amendment issue, the court of appeals holds that Bowers had a reasonable expectation of privacy in the contents of his Dropbox account, despite the fact he (1) used his work email address to create the account and (2) uploaded case files and shared them without permission. (Opinion, ¶43). The court further holds that although investigators had probable cause to search the account for evidence of Bowers’ alleged crime, no exigent circumstances justified the warrantless search. (¶3).
COA declines to consider constitutional challenge to ordinance because defendant failed to serve AG or join city as party
State v. Kevin Richard Raddemann, 2022AP668-CR, 12/21/22, District II (1-judge opinion, ineligible for publication); case activity (including briefs).
In this misdemeanor OWI case, Raddemann moved to suppress evidence obtained following a stop of his vehicle. After the suppression hearing, he moved for reconsideration, arguing that a City of Hartford cemetery ordinance, which was the basis for the stop, was unconstitutionally vague. The circuit court denied Raddemann’s motion to reconsider because it was untimely. ¶5.
Defense win: New OWI trial ordered because of erroneous admission of evidence of defendant’s prior hit-and-run conviction
State v. Marty S. Madeiros, 2021AP405-CR, District 4, 10/27/22 (not recommended for publication); case activity (including briefs)
Evidence of Madeiros’s prior hit-and-run conviction was admitted at his trial on OWI 5th, over his objection. This other-acts evidence was inadmissible because it wasn’t probative of any non-propensity purpose and the error in admitting the evidence wasn’t harmless, so Madeiros is entitled to a new trial.
COA rejects challenges to jury instructions: one good route to conviction is enough
State v. Dreama F. Harvey, 2022 WI App 60; case activity (including briefs)
A jury convicted Harvey of reckless homicide by the delivery of heroin. On appeal, she notes that the jury instructions would have permitted conviction on the theory that she either aided and abetted another supplier or was part of the chain of distribution–that is, that she supplied the person who actually sold the heroin to the decedent. But there was no evidence she’d done any of those things: if she’d committed the crime, all the evidence showed that it was by selling the heroin directly to the buyer, who ingested it and died. The verdict forms were general: the jury was asked only to determine guilt or innocence, not whether Harvey was the principal, an aider, or a higher-up in the chain. So, Harvey says, we can’t know whether the jury convicted her based on one of the other two theories for which there was no evidence, and her conviction must be reversed.
Defense win: Defects in plea colloquy require plea withdrawal
State v. Caroline J. Arndt, 2022AP450-CR, District 2, 10/12/22 (one-judge decision; ineligible for publication); case activity (including briefs)
Arndt pleaded no contest to disorderly conduct, but the circuit court’s plea colloquy was defective in two crucial ways, so on the merits—and because the state declined to file a brief in the court of appeals—she’s entitled to withdraw her plea.
Anonymous tip provided reasonable suspicion for traffic stop
State v. Todd W. Vaughn, 2022AP644-Cr, 9/29/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)
Vaughn was convicted of operating a vehicle with a PAC, second offense. He claimed that the deputy who stopped him lacked reasonable suspicion because he acted solely on an uncorroborated anonymous tip. The court of appeals held that the tip provided reasonable suspicion for the stop because it had “indicia of reliability” that were “suitably corroborated” as required by State v. Williams, 2001 WI 21, ¶31, 241
Wis. 2d 631, 623 N.W.2d 106.
Defense win: Witness’s reference to defendant’s prior conviction for similar crime requires new trial
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.
Circuit court’s failure to specify ch. 51 dangerousness standard was harmless error
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.
Defendant’s rights to discovery, confrontation not violated
State v. Kevin Lee Wilke, 2020AP1068-CR, District 3, 8/2/22 (one-judge decision; ineligible for publication); case activity (including briefs)
The court of appeals rejects Wilke’s arguments for a new trial and his challenge to the sufficiency of the evidence.
SCOW reverses discretionary juvenile non-waiver in law-free decision
State v. X.S., 2022 WI 49, 6/29/22, modifying and affirming an unpublished court of appeals decision, 2021AP419, case activity (including, for some reason, one brief)
Our supreme court is fond of extolling its role as a “law-developing court.” You’ll search in vain for any law development in this case. Rather than developing the law, the high court exercises its discretion to waive a juvenile into the adult system.