On Point blog, page 326 of 483
Reasonable Suspicion – Guzy Factors
State v. Steve J. Will, 2010AP723-CR, District 4, 8/12/10
court of appeals decision (1-judge, not for publication); for Will: Mark Eisenberg; BiC; Resp.; Reply
Reasonable suspicion to stop Will’s truck is supported under the multi-factor test of State v. Guzy, 139 Wis. 2d 663, 407 N.W.2d 548 (1987): while authorities were monitoring a marijuana field an alarm was set off,
Traffic Stop – No Wisconsin DL; Duration of Stop
State v. James Casas Klausen, 2009AP2268, District 4, 8/12/10
court of appeals decision (1-judge, not for publication); for Klausen: Tracey A. Wood; BiC; Resp.
Traffic Stop – No Wisconsin DL
Wisconsin law “contemplates that a person with a valid out-of-state driver’s license who becomes a Wisconsin resident has sixty days, after becoming a Wisconsin resident, to apply for a Wisconsin license,” ¶6.
Right to Silence During Custodial Interrogation; Voluntariness – Police Promises
State v. Phillip K. Saeger, 2009AP2133-CR, District 2, 8/11/10
court of appeals decision (3-judge, not recommended for publication); for Saeger: Michael J. Burr; BiC; Resp.
Right to Silence During Custodial Interrogation
Invocation of the right to silence during custodial interrogation must be clearly articulated, holding to that effect in State v. Ross, 203 Wis. 2d 66, 552 N.W.2d 428 (Ct.
State v. Brent S. Watling, 2009AP1727-CR, District 2, 8/11/10
court of appeals decision (3-judge, not recommended for publication); for Watling: Margaret A. Maroney, Shelley M. Fite, SPD, Madison Appellate; BiC; Resp.; Reply
Sentencing – Exercise of Discretion – Sex Offender Registration
The sentencing court properly exercised discretion in requiring Watling to register as a sex offender on his conviction for 4th-degree sexual assault, ¶¶7-15.
Registration requirements are set out in § 301.45.
Plain Error
State v. Erik B. Hudson, 2010AP000780-CR, District 3, 8/10/10
court of appeals decision (1-judge, not for publication); for Hudson: George S.Pappas, Jr.; BiC; Resp.
While “better practice” would have been to strike and give a curative instruction following a witness’s non-responsive testimony, the trial court’s failure to do so wasn’t plain error.
Reasonable Suspicion – Informant Reliability
State v. Glenn L. Earhart, 2010AP348-CR, District 3, 8/10/10
court of appeals decision (1-judge, not for publication); for Earhart: Patrick J. Stangl; BiC; Resp.; Reply
Reasonable Suspicion – Informant Reliability
Authorities were under no obligation to check into a citizen-informant’s criminal record before acting on the information she related.
¶9 Earhart argues Kistner unreasonably relied on Hitchon’s report because she was a known criminal.
State v. Troy Edward Lang, 2009AP2087-CR, District 1, 8/10/10
court of appeals decision (3-judge, not recommended for publication); for Lang: Mary D. Scholle, SPD, Milwaukee Appellate; BiC; Resp.; Reply
Search Warrant – Probable Cause
Affidavit by a detective, containing statements made by a recently arrested “informant” who said that “Troy” at the target residence had traded him cocaine for stolen property, supplied probable cause for the warrant application. The informant’s reliability was established by:
- statement’s against-interest nature;
Recusal – Waiver; Guilty Plea – Factual Basis – Sexual Intercourse with Child
State v. Roger D. Godwin, No. 2009AP2999-CR, District 4, 8/5/10
court of appeals decision (1-judge, not for publication); pro se
Recusal – Waiver
¶10 Godwin argues that Judge VanDeHey should have recused himself from the case because one of the judge’s colleagues, Judge Curry, and other courthouse staff were Godwin’s victims in the bomb threat case. The State argues that the judge was not required to recuse under WIS.
Traffic Stop – Tail Lamp Violation
State v. Laurence Evan Olson, 2010AP149-CR, District 4, 8/5/10
court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply
¶11 WISCONSIN STAT. § 347.13(1) provides that “[n]o vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated on a highway during hours of darkness unless both such lamps are in good working order.” WISCONSIN STAT.
Restitution – Settlement Agreement
State v. Theresa E. Palubicki, No. 2010AP555-CR, District 3
court of appeals decision (1-judge, not for publication); for Palubicki: Michael D. Petersen; BiC; Resp.; Reply
The burden of proving setoff rests with the defendant. Although Palubicki reached a settlement agreement with the hit-and-run victim, she did not meet her burden of proving that the agreement covered lost wages, therefore she is liable for them in restitution.