On Point: 46. WI Court of Appeals

State v. Scot A. Czarnecki, 2000 WI App 155, 237 Wis.2d 794, 615 N.W.2d 672
For Czarnecki: Patrick M. Donnelly, SPD, Madison Appellate

Issue: Whether use of an assumed name in endorsing a check may subject the endorser to forgery charge.

Holding:

¶7        In further support of his challenge to the sufficiency of the evidence, Czarnecki argues that even if he endorsed the checks with the surname “Dougan,” there was nothing false or unlawful about these endorsements. 

State v. Peter J. Schaab, 2000 WI App 204, 238 Wis. 2d 598, 617 N.W.2d 872
For Schaab: Michael G. Artery

Issue: Whether the evidence supported bindover on bail jumping, where the allegedly violated bond condition allowed Schaab to have “incidental contact at work” with an individual, and Schaab was seen talking to the individual at the work site after Schaab was no longer employed there.

Holding: Bail jumping requires intentional violation of a bond condition,

State v. Joel L. Ritchie, 2000 WI App 136, 237 Wis.2d 664, 614 N.W.2d 837
For Ritchie: Stephen G. Bauer

Holding: Various informants were sufficiently reliable to support probable cause: though they weren’t expressly identified as citizen informants, they wree not suspects but, rather, “were ordinary persons who answered questions and provided information in response to a police investigation of a crime.” ¶15. (Note: though not mentioned by the court,

State v. Antonion Blanco, Nora M. Al-Shammari, 2000 WI App 119, 237 Wis.2d 395, 614 N.W.2d 512
For Blanco: Michael P. Jakus

Issue: Whether the police were justified, under “protective sweep” rationale, to search a crawl space in a bathroom ceiling.

Holding: Though narrowly confined to cursory inspection of places where a person might be hiding following an arrest inside of a residence, the protective-sweep doctrine in this case justified search of a crawl space bolted in place by four screws.

State v. John C. Thorstad, 2000 WI App 199, 238 Wis. 2d 666, 618 N.W.2d 240
For Thorstad: Ralph A. Kalal

Issue: Whether the warrantless blood draw complied with State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993).

Holding: The four-part Bohling test — lawful arrest; reasonable suspicion that draw will show intoxication; method of drawing blood reasonable; no reasonable objection by arrestee to blood draw —

State v. Joel L. Ritchie, 2000 WI App 136, 237 Wis.2d 664, 614 N.W.2d 837
For Ritchie: Steven G. Bauer

Issue: What is the standard of review for an arrest warrant based on a criminal complaint?

Holding: Although review of probable cause to support a complaint is independent, review of probable cause to support an arrest warrant based on a complaint is greatly deferential (same as review of a search warrant).

State v. Patrick E. Richter, 2000 WI 58, 235 Wis. 2d 524, 612 N.W.2d 29, reversing 224 Wis. 2d 814, 592 N.W.2d 310 (Ct. App. 1999)
For Richter: Susan Alesia, SPD, Madison Appellate

Issue: Whether consent to search, immediately following warrantless entry of the home, sufficiently attentuated any taint from that entry.

Holding: Consent was freely given and therefore sufficiently attenuated from the entry to purge any taint of illegality.

State v. Kenneth M. Herrmann, 2000 WI App 38, 233 Wis. 2d 135, 608 N.W.2d 406
For Herrmann: Peter J. Morin

Issue: Whether the search warrant for Herrmann’s apartment was supported by evidence sufficiently untainted by an illegal entry into his apartment.

Holding: The untainted discovery of nine marijuana plants, prior to the occurrence of the illegal police action, provided probable cause to believe that other contraband would be found in the apartment,

State v. Robert W. Wodenjak, 2001 WI App 216, PFR filed 8/31/01
For Wodenjak: Rex Anderegg

Issue: Whether administration of a blood test, following OWI arrest, was reasonable under the fourth amendment, where the police first rejected the driver’s request for a (less invasive) breath test.

Holding: As long as the standard for warrantless blood draw established by State v. Bohling,

State v. Robert C. Knight, 2000 WI App 16, 232 Wis.2d 305, 606 N.W.2d 291.
For Knight: Scott B. Taylor.

Issue: Whether seizure of a disbarred attorney’s client files by a court-ordered trustee amounted to governmental action so as to trigger fourth amendment protections.

Holding:

¶8 Here, Garczynski’s seizure and search of Knight’s client files were conducted pursuant to an order issued by Judge Carlson under the authority conferred on the circuit courts by the Wisconsin Supreme Court in Rule 22.271(2).