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.
SCOW relies on deferential standard of review to reject allegation that Zoom procedure violated defendant’s due process rights
State v. Kordell Grady, 2025 WI 22, 6/13/25, affirming COA’s summary disposition order; case activity
Although SCOW presumably took this case to clarify the rules of Zoom court–and the oral argument focused intensely on such questions–SCOW ultimately opts to issue a decision which makes no substantive law and denies relief based on what it claims is a deferential review of the circuit court’s factual findings.
7th Circuit denies habeas relief to Wisconsin prisoner claiming vindictive prosecution, IAC and a 6th amendment violation
Rodney Lass v. Jason Wells, 7th Circuit Court of Appeals No. 23-2880, 6/26/24
Lass was charged with multiple felony counts after his first trial on misdemeanor domestic abuse charges ended in a mistrial. During state postconviction and appeal proceedings, he raised claims of vindictive prosecution, ineffective assistance, and violation of his 6th amendment rights. The 7th Circuit denied relief as to Lass’s IAC and 6th amendment claims as procedurally defaulted, and rejects the vindictive prosecution claim because the Wisconsin courts already considered and reasonably rejected Lass’s same “fact-based arguments.”