On Point blog, page 1 of 1
COA holds that driver’s odor of alcohol and prior conviction for OWI provides reasonable suspicion to extend traffic stop
State v. Peter Joseph Idell, 2024AP2230, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity
The COA holds that an odor of intoxicants and the driver’s 2009 conviction for OWI established reasonable suspicion to extend stop for expired license plates to investigate OWI.
COA rejects pro se defendant’s new trial claims
State v. Richard A. Hoeft, 2021AP1636, 10/1/24, District 3 (one-judge appeal; ineligible for publication); case activity
Hoeft, pro se, appeals a jury verdict convicting him of fraud on an innkeeper and an order denying his postconviction motion. Hoeft raises numerous claims on appeal, all of which the COA rejects as “largely undeveloped and lacking merit” and affirms.
SCOW refuses to decide whether county must appoint counsel when SPD can’t
State v. Nhia Lee, 2019AP221-CR, petition dismissed as improvidently granted, 5/24/22; case activity (including briefs)
SCOW presumably took this case in order to address one or both of these issues: (1) whether a circuit court must appoint counsel at the county’s expense when the SPD is unable to do so within 10 days of the defendant’s initial appearance; and (2) whether Lee was denied the right to counsel, due process and a speedy trial as he sat in jail for over 100 days waiting for a lawyer. After briefing and oral argument, 5 justices voted to dismiss his petition as improvidently granted.