On Point: 46. WI Court of Appeals

State v. Jeffrey P. Powers, 2004 WI App 143
For Powers: Walter Arthur Piel, Jr.

Issue/Holding:

¶10. Powers insists that the clerk’s tip is unreliable because the clerk did not observe Powers drive his truck “in a manner consistent with someone who was under the influence of an intoxicant.” We conclude that the tip was reliable for several reasons.

¶11. First, the tip was based on first-hand observations.

State v. Ibrahim Begicevic, 2004 WI App 57
For Begicevic: Donna J. Kuchler

Issue/Holding:

¶6. Kennedy had reasonable suspicion to conduct an investigative stop. Viewed in isolation, some of what she observed was lawful behavior. It is lawful for a car to be on the roadway at 1:30 a.m. It is lawful for a car to be stopped at an angle within its lane of travel.

State v. Tabitha A. Sherry, 2004 WI App 207, PFR filed 11/19/04
For Sherry: Craig R. Day

Issue: Whether an anonymous tip – to “Crime Stoppers,” predicting that a particularly described car with a specified license plate would be transporting a large amount of marijuana between neighboring towns – contained sufficient indicia of reliability to provide reasonable suspicion for a stop of the car.

Holding:

¶6.

State v. Edward Leon Jackson, 2004 WI App 190, PFR filed 10/15/04
For Jackson: Meredith J. Ross, LAIP, UW Law School

Issue/Holding:

¶2 In 1996, Jackson admitted to his role in a plan to fire bomb a Milwaukee police officer’s home. Jackson and two other men conspired to fire bomb the house, enabling two others to shoot people fleeing from the building.

State v. Brandon L. Mason, 2004 WI App 176
For Dawson: Ellen Henak, SPD, Milwaukee Appellate

Issue/Holding: The felony murder statute, § 940.03 (1999-2000), contains characteristics suggestive of both penalty enhancers (it adds a specified term to the maximum penalty applicable to the underlying crime), ¶15, and also substantive offenses (it is located in a chapter that defines substantive offenses; and it incorporates the elements of offenses located elsewhere),

State v. Sylvester Sigarroa, 2004 WI App 16, PFR filed 1/2/04
For Sigarroa: John Pray, UW Law School

Issue/Holding:

¶14. The State and Sigarroa propose different tests for determining the constitutionality of a warrantless garbage search… .

…

¶16. Both parties are able to cite case law in support of their competing approaches. However, upon close review of the relevant cases,

State v. Eugene M. Perkins, 2004 WI App 213, PFR filed 11/9/04
For Perkins: Jeffrey W. Jensen

Issue Whether expert testimony is required to establish the victim’s mental illness, an element of § 940.225(2)(c).

Holding: This element may be shown through credible lay opinion testimony:

¶17 Here, the State had to prove four things: (1) that Perkins had sexual contact or intercourse with H.V.;

State v. John F. Powers, 2004 WI App 156
For Powers: Marcus J. Berghahn; John D. Hyland

Issue/Holding: An employee of the Tomah VA Medical Center is not an employee of an in-patient treatment facility within the meaning of §§ 940.225(2)(g), 940.295(2)(b), (c), (h), (k), and 50.135(1), because the Center is not licensed or approved by DHFS, ¶11, and the pending charge under that section must therefore be dismissed,

State v. Walter Leutenegger, 2004 WI App 127
For Leutenegger: Bill Ginsberg

Issue/Holding: ¶21 n. 5:

The State does not challenge the circuit court’s holding that the garage was part of the curtilage of Leutenegger’s house and subject to the warrant requirement. This implicit concession appears appropriate in this case. Published decisions on this topic consistently hold that an attached garage is part of the curtilage. 

State v. Louis D. Thomas, 2004 WI App 115, PFR filed 6/17/04
For Thomas: Joseph L. Sommers

Issue/Holding: Wis. Const. art. I, § 25 (“right to keep and bear arms”) did not effectively repeal § 941.29 (felon in possession). ¶¶7-12.

Issue/Holding: § 941.29 is neither vague, ¶¶14-18, nor overbroad, ¶¶19-23.

Issue/Holding: § 941.29 doesn’t violate equal protection, ¶¶24-29. (Comparative classes: felons / misdemeanants;