On Point: 46. WI Court of Appeals

State v. Edward C. Lefler, 2013 WI App 22; case activity

Probable cause found to search trunk of vehicle for evidence of burglary-related crimes, after an indisputably lawful stop for drunk driving:

¶11      …  “If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search.”  United States v.

State v. Adam W. Gilmour, 2011AP878-CR, District 2, 6/20/12

court of appeals decision (not recommended for publication); case activity

The trial court’s rejection, as lacking credibility, Gilmour’s claim that his acceptance of a deferred prosecution agreement was coerced by financial considerations (in that he had been unable to afford the costs associated with jury trial) is affirmed:

¶10      On review, we note that while Gilmour testified that he decided to take the DPA because he could not afford the trial retainer,

Racine County v. Latanya D.K., 2013 WI App 28; case activity

TPR – Waiver of jury trial need not be part of admission colloquy

¶2        Latanya’s major arguments raise an important question:  Must the court engage in a personal colloquy with a parent regarding his or her waiver of the right to a jury trial before accepting the parent’s admission that grounds for termination of parental rights exist?

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,