On Point: B. Published opinions

State v. Scott B. Bohlinger, 2013 WI App 39; case activity

Bohlinger made a prima facie showing that two prior OWI convictions were invalid because he did not knowingly and intelligently waive the right to counsel due to his limited cognitive capabilities. The circuit court concluded he had not made such a showing because he did not allege any deficiency in the colloquies addressing the waiver of counsel in the earlier cases.

State v. Wyatt D. Henning, 2013 WI App 15; case activity

The crime of attempted possession of a firearm by a felon is recognized in Wisconsin, distinguishing State v. Briggs, 218 Wis. 2d 61, 579 N.W.2d 783 (Ct. App. 1998):

¶14      Turning to the particular language of the felon in possession of a firearm statute, and the case law further explaining the elements of that crime,

State v. Jacob Turner, 2013 WI App 23;  case activity

Addressing an unusual set of facts, the court of appeals holds Turner’s constitutional rights to an impartial jury and due process were not violated by the seating of a juror who had not been summoned for service and who did not disclose that to the court.

A summons for jury duty was sent to “John P.

State v. Verhagen, State v. Nickles,  State v. Van Asten, and State v. Bell, 2013 WI App 16; consolidated court of appeals decision; case activity: Verhagen; Nickles; Van Asten; and Bell

OWI – Use of first offense to enhance penalty

In a prosecution for a second or subsequent OWI offense, New Jersey v. Apprendi,

State v. Jonathan A. Herr, 2013 WI App 37; case activity

In a case arising from a high-speed chase and subsequent arrest for OWI, the court holds that the use of unreasonable force to arrest the defendant does not require the suppression of evidence that was not a product of, or causally related to, the alleged unreasonable force.

Police saw Herr driving erratically and attempted to stop him.

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.

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?

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. Melvin Pugh, 2013 WI App 12; case activity

Two officers on patrol saw Pugh near two cars parked next to a vacant, boarded-up building posted with a “no parking” sign. This caused the officers to question Pugh—legitimately—about his possible illegal parking, but during that questioning the police also started asking about a nearby drug house and ended up physically seizing Pugh by grabbing his wrists when he slowly backed away.

State v. Mark A. Sanders, 2013 WI App 4; case activity

Search incident to arrest — area within arrestee’s “immediate control”

Search of bed in room from which defendant emerged just before being arrested upheld under Chimel v. California, 395 U.S. 752 (1969), which permits an arresting officer to search the person arrested and the area within the arrestee’s “immediate control” in order to prevent the destruction of evidence of the crime and protect officers’ safety.