On Point: 28. Weight of authority

State v. Joshua D. Winberg, 2016AP108-CR, District 3, 1/10/17 (one-judge decision; ineligible for publication); case activity (including briefs)

The police had reasonable suspicion to extend a traffic stop to investigate whether the driver was operating under the influence.

State v. Armin G. Wand, III, 2015AP1366-CR, 9/8/16, District 4 (not recommended for publication); case activity (including briefs)

Armin Wand and his brother Jeremy were convicted of crimes relating to a fire at Wand’s residence that killed his three sons, seriously injured his wife and caused the death of the fetus she was carrying. Before he pled, Wand moved to suppress statements he made to officers on two consecutive days; the court suppressed the first day’s as involuntary but admitted the second day’s. He appeals on various grounds connected to the admission of those later statements.

State v. Michael S. Dengsavang, 2015AP637-CR, 6/1/16, District 1 (not recommended for publication); case activity (including briefs)

Michael Dengsavang raises several challenges to the trial court’s denial of his Machner motion. The court of appeals rejects one claim on the merits and declines to consider the rest, holding them previously abandoned.

Questions presented:

I. Whether the District Court was in error when it denied relief on Petitioner’s §2255 motion to vacate, which alleged that a prior Florida conviction for “sudden snatching,” did not qualify for ACCA enhancement pursuant to 18 U.S.C. §924(e).

II. Whether Johnson v. United States, 135 S. Ct. 2551 (2015), announced a new substantive rule of constitutional law that applies retroactively to cases that are on collateral review. Furthermore, Petitioner asks this Court to resolve the Circuit split which has developed on the question of Johnson retroactivity in the Seventh and the Eleventh Circuit Courts of Appeals.

Polk County  Human Services Dep’t v. Boe H., 2013AP1719, District 3, 1/14/13 (not recommended for publication); case activity

This appeal turns on the court of appeals’ application of the law of the case doctrine,  so it’s necessary to recap some procedural history.

After a jury found Boe mentally ill, a proper subject for treatment, and dangerous under the “fifth standard”, Wis. Stat. § 51.20(1)(a)2.e, the circuit court committed him to the DHS for 6 months.  

State v. Jesse J. Delebreau, 2014 WI App 21, petition for review granted, 5/23/14, affirmed, 2015 WI 55; case activity

You remember State v. Forbush, 2011 WI 25, 332 Wis. 2d 620, 796 N.W.2d 741? That’s the one that considered whether Montejo v. Louisiana, 556 U.S. 778 (2009),

State v. Gary Wieczorek, 2012AP2217-CR, District 3, 9/10/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court had previously held that Wieczorek was unlawfully seized by the police on his front porch, but the court of appeals reversed that holding and remanded the case for further proceedings. (¶¶2-4). On remand, Wieczorek again alleged the seizure was unlawful because there were no exigent circumstances.

Dane County v. Steven D. Koehn, 2012AP1718, District 4, 1/10/13

Court of appeals decision (1 judge; ineligible for publication); case activity

Motion to suppress evidence of intoxication properly denied because arresting officer had probable cause to administer a preliminary breath test. The court of appeals rejects Koehn’s claims that the officer’s failure to testify about the significance of the results of field sobriety tests means those results should have “minimal significance” in determining probable cause to administer the PBT:

¶10      I first conclude that,

State v. Christopher J. Felton, 2012 WI App 114 (recommended for publication); case activity

Search & Seizure – PBT – Probable Cause 

Notwithstanding that Felton passed field sobriety tests, probable cause existed to administer a preliminary breath test.

¶8        This section does not require that the officer have probable cause to arrest a driver for drunk driving before giving that driver a preliminary-breath test. 

State v. David W. Stevens, 2012 WI 97, affirming unpublished decision; case activity

Miranda-Edwards Rule – Invocation of Counsel, Initiation of Contact by Suspect

Where an in-custody suspect invokes his right to counsel and interrogation immediately ceases, but the suspect himself then initiates a request to continue the interrogation, the police may proceed with questioning if fresh Miranda warnings are given and validly waived.