On Point: 46. WI Court of Appeals

State v. Jason M. Jacobs, 2012 WI App 104 (recommended for publication); case activity

Search & Seizure – Consent – Blood Draw

Following a fatal traffic accident, Jacobs performed field sobriety tests well enough that he wasn’t placed under arrest, but he was asked to submit to a blood draw. Jacobs called his attorney, who advised him not to consent to the draw, but Jacobs nonetheless agreed to go to the hospital with an officer to have a blood test.

State v. Dragisa Pavlovic, 2011AP2687-CR, District 2, 8/1/12

court of appeals decision (1-judge, ineligible for publication); case activity

Pavlic’s waiver of counsel so that he could represent himself at trial satisfied State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997).

¶8        As a precautionary measure, the trial court granted Pavlovic a Klessig evidentiary hearing.  We conclude the trial court’s waiver colloquy complied with Klessig.  

State v. Marilyn M. Torbeck, 2012AP522-CR, District 2, 8/1/12

court of appeals decision (1-judge, ineligible for publication); case activity

¶6        … For the State to charge Torbeck with OWI under § 346.63(1)(a), DFE must be either an intoxicant, a controlled substance, a controlled substance analog, or a drug.  DFE is not listed as a controlled substance under either Wisconsin or federal law.  A “controlled substance analog” is defined as “a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance.”  Wis.

State v. Paul H. Olson, 2011AP1728-CR, District 4, 7/26/12

court of appeals decision (1-judge, ineligible for publication); case activity

¶11      Although Officer Welker did not observe Olson commit any traffic violations, the other facts known to Officer Welker at the time he initiated questioning demonstrate that he had reasonable suspicion to justify the investigatory stop.  The incident took place at 11:30 p.m.  “The hour of the day may … be relevant in that the individual’s activities may or may not be consistent with the typical behavior of law-abiding citizens at that time.”  State v.

State v. Jeremiah R. Connour, 2011AP1489-CR, District 3, 7/31/12

court of appeals decision (not recommended for publication); case activity

¶3 n. 2:

Connour’s thirty-eight-page statement of the case includes primarily verbatim Q & A trial testimony, but nonetheless omits relevant evidence necessary to address his postconviction claims.  Most of the remainder of Connour’s recitation of the “facts” inappropriately consists of several pages of argument.  

court of appeals publication orders, 7/27/12

On Point posts from this list:

2012 WI App 74 Jerred Renard Washington v. State of Wisconsin / State v. Jerred Renard Washington

2012 WI App 76 State v. Willie H. Jackson

2012 WI App 77 State v. Joel Joseph Lobermeier

2012 WI App 79 State v. Wayne P. Harris

2012 WI App 82 State v.

State v. Terry G. Vollbrecht, 2012 WI App 90 (recommended for publication); case activity

§ 974.06 Motion – Laches Inapplicable 

¶17 n. 14:

While we acknowledge the State’s argument that Vollbrecht’s Wis. Stat. § 974.06 motion is barred by laches and its request that we certify the issue to the supreme court, we decline the State’s invitation.  The State concedes that the supreme court has previously held that laches does not apply under § 974.06. 

State v. Nick E. Sammon, District 2, 2011AP682-CR, 7/25/12

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

Search Warrant – Erroneous Information in Application

A detective’s application for a search warrant of Sammons’ residence asserted that Sammons had been convicted in Texas for drug and burglary offenses (in fact, both had been dismissed after deferred adjudication of guilt). The assertions in the warrant application were based on the NCIC database,

State v. Chavis T. Sheriff, 2011AP1202, District 2, 7/25/12

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

Sheriff’s failure to respond to a no-merit report operates as a serial litigation bar to his subsequent, § 974.06 attempt to argue that trial and postconviction counsel were ineffective. State v. Allen, 2010 WI 89, 328 Wis. 2d 1, 786 N.W.2d 124, discussed and applied.

State v. Troy L. Cameron, 2012 WI App 93 (recommended for publication); case activity

Prosecutorial Vindictiveness – Neither Presumptive or Actual for Increased Charges Following Rejected Plea Offer 

Cameron failed to establish prosecutorial vindictiveness in the filing of an amended information containing additional charges, after he rejected a plea offer to the original information. State v. Johnson, 2000 WI 12, 232 Wis.