On Point: 46. WI Court of Appeals

State v. David W. Howes, 2014AP1870-CR, 1/28/16, District 4; certification granted 4/7/16, reversed, 2017 WI 18; case activity (including briefs)

Issue:

This appeal presents a single recurring issue: whether provisions in Wisconsin’s implied consent law authorizing a warrantless blood draw from an unconscious suspect violate the Fourth Amendment to the United States Constitution. More specifically, the issue is whether the “implied consent,” deemed to have occurred before a defendant is a suspect, is voluntary consent for purposes of the consent exception to the Fourth Amendment’s warrant requirement.

State v. Jeanette M. Janusiak, 2015AP160-CR, 1/28/16, District 4 (not recommended for publication); case activity (including briefs)

Pregnancy does not by itself make a suspect particularly vulnerable to police pressure and tactics during custodial interrogation, the court of appeals holds, so the fact that Janusiak was in an advanced state of pregnancy didn’t render her statement to police involuntary. The court also rejects Janusiak’s claims that her statement was coerced because she was threatened with the loss of her children and was promised she could go home if she made a statement.

State v. David J. Reidinger, 2015AP902, 1/26/16, District III (one-judge decision; ineligible for publication); case activity

Reidinger appeals his citation for violating an administrative code provision prohibiting disorderly conduct on University of Wisconsin System property. Two UW-Eau Claire students had complained to university police that he was watching pornographic material on a library computer. (¶¶2-3).

State v. Guadalupe Ronzon, 2015AP498, 1/26/16, District 1 (one-judge decision; ineligible for publication); case activity

Ronzon challenges the restitution award in her conviction of failing to fulfill her Wis. Stat. § 346.67 duty upon striking a vehicle with her car.

City of West Allis v. Teresa A. Michals, 2015AP1688 & 2015AP1689, District 1, 1/26/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Police did not have reasonable suspicion to believe Michals was operating while intoxicated or in a “disorderly manner” in violation of a city ordinance.

City of Milwaukee v. Jerry D. Butler, 2015AP1537, 1/26/16, District 1 (one-judge decision; ineligible for publication); case activity

A pro se appellant’s failure to comply with briefing rules results in his appeal being dismissed as “defective.” (¶11).

State v. M. E.-T., 2015AP625, 1/20/15, District 1 (one-judge decision; ineligible for publication); case activity

Despite the circuit court’s rather evident prejudgment of the outcome, its “lengthy and well-reasoned” decision showed that it properly exercised its discretion in denying M. E.-T.’s motion to stay the requirement that he register as a sex offender.

State v. A.C., 2015AP1604, 1/20/16, District 1 (one-judge decision; ineligible for publication); case activity

A petition alleging A.C. was delinquent contained sufficient facts to establish probable cause that A.C. acted as a party to the crime of operating a motor vehicle without the owner’s consent.

County of Eau Claire v. Susan M. Sandas, 2015AP612 & 2015AP613, 1/20/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

The evidence was sufficient to prove Sandas was operating while intoxicated due to her use of Oxycodone and Fluoxitine despite the testimony from her primary care doctor that he had no evidence she was abusing her prescriptions and testimony from a forensic scientist that those medications wouldn’t have caused the nystagmus observed by the arresting officer.

State v. Mustafa Z. Abdel-Hamid, 2015AP1517-CR, 1/20/16, District 1 (1-judge opinion, ineligible for publication); case activity, including briefs

After being convicted of two counts of misdemeanor criminal damage to property, the defendant urged the court to grant expungement under Wis. Stat. §973.015. He pointed to his lack of criminal record, his excellent grades, his professional ambitions, and his remorse. The trial court denied expungement and the court of appeals affirmed.