On Point: 46. WI Court of Appeals

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. Stephen R. Tollaksen, Jr., 2012AP778-CR, District 4, 1/10/13

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

The court of appeals affirms the denial of motion to suppress evidence of blood test results where circuit court found that Tollaksen had not requested an additional test to determine the presence of alcohol in his system. The record supported the circuit court’s acceptance of the officer’s testimony that Tollaksen did not request an additional test,

State v. Mitchell F. Graf, 2012AP1356-CR, District 3, 1/8/13

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

The court of appeals rejects Graf’s plea withdrawal claim, holding: 1)  Graf was not affirmatively misled to believe that by pleading to the offenses he would be able to keep his job because he understood that the circuit court was not bound by any plea agreement and could have sentenced him to imprisonment,

State v. Thomas G. Felski, 2012AP1115-CR, District 2, 1/3/13

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

Felski was convicted of violating Wis. Admin. Code ATCP § 110.05 (criminalized by virtue of § 100.20(2)) for failing to have a written contract covering some remodeling projects. Evidence at trial focused on construction of a garage, but Felski also worked on an addition to the house not covered by a written contract.

Appling v. Doyle, 2013 WI App 3, petition for review granted 6/12/13, sub. nom. Appling v. Walker; case activity

Wisconsin’s domestic partnership law upheld against challenge it violates 2006 “marriage amendment” to the state constitution (art. XIII, § 13), declaring that the only marriage recognized in Wisconsin is one “between one man and one woman” and prohibiting same-sex couples entering into a “legal status identical or substantially similar to that of marriage.”

¶2        In 2009,

State v. Bobby L. Tate, 2012AP336-CR, District 1, 12/27/12;  court of appeals decision (not recommended for publication), petition for review granted 6/12/13; case activity

Order allowing police to track the current location of cell phone upheld, rejecting Tate’s argument that it constituted an illegal search warrant:

¶8        The heart of Tate’s argument on appeal is that the order authorizing the tracking of Tate’s phone to find its location was invalid under Wis.

State v. Jesse D. Fries, 2011AP517-CR, District 4, 12/27/12

Court of appeals decision (not recommended for publication); case activity

Cost of installing new, upgraded security system in a convenience store after robbery was a “special damage” and therefore a proper item of restitution:

¶8        Fries’ primary contention is that an expenditure does not qualify as a special damage unless it was “spent to return the victim to the financial state he was in before the crime occurred.”  Here,

State v. Daniel Ryan Curry, 2012AP515-CR, District 1, 12/27/12

Court of appeals decision (not recommended for publication); case activity

Newly discovered evidence

Defendant not entitled to new trial based on potentially exculpatory testimony of two witnesses, because the witnesses were known to him before trial. The two witnesses were the son and nephew of a defense witness named Rivera. Statements made by Curry and Rivera and contained in police reports,

State v. Melvin Pugh, 2013 WI App 12; case activity

Two officers on patrol saw Pugh near two cars parked next to a vacant, boarded-up building posted with a “no parking” sign. This caused the officers to question Pugh—legitimately—about his possible illegal parking, but during that questioning the police also started asking about a nearby drug house and ended up physically seizing Pugh by grabbing his wrists when he slowly backed away.

court of appeals publication orders, 12/19/12

On Point posts:

2012 WI App 133 State v. Gary M. Hemmingway

2012 WI App 134 State v. Shawn David Schulpius

2012 WI App 136 State v. Joshua A. Prescott

2012 WI App 137 State v. Thomas E. Schmidt

2012 WI App 138 State v. Tony J.