On Point: B. Published opinions

State v. Michael Anthony King, 2008 WI App 129
For King: Mark S. Rosen

Issue/Holding: Search warrant based on drug transaction occurring 30 days earlier lacked probable cause, ¶32 n. 7:

… From our review of the record, it would appear that probable cause as to the search of his residence was stale. The most recent information directly tied to King was thirty days old.

State v. Eric Dwayne Rogers, 2008 WI App 176, PFR filed 12/12/08
For Rogers: Mark D. Richards

Issue/Holding: Incorrect identification of automobile on face of warrant was mere technical irregularity based on “scrivener’s error”:

¶15      In this case, the executing officer had personal knowledge and the officer attached and incorporated a correct affidavit. The affidavit correctly identified Rogers’ car three times, describing the correct color,

State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08
For Payette: Robert R. Henak; Amelia L. Bizzaro

Issue/Holding:

¶51      The trial court, having just heard a lengthy description of Payette’s violent and abusive conduct toward RS, directed that Payette not look at his victim during her statement to the court, because, the trial court said, “I just don’t want him intimidating her.

State v. Robert T., 2008 WI App 22For Robert T.: Bradley J. Bloch

Issue: Whether § 947.015 (2003-04) (“Bomb Scares”) is overbroad and therefore cannot support prosecution for a phoned-in but false bomb threat.

Holding:

¶12      Robert T. argues that the statute suffers from overbreadth because it prohibits speech that could be protected. We disagree. Prior Wisconsin opinions have held that only “true threats” are punishable,

State v. Timothy L. Neitzel, 2008 WI App 143
For Neitzel: David A. Nelson

Issue/Holding: Under the particular circumstances, the sole occupant of a locked, public restroom had no reasonable expectation of privacy given that he occupied the room for at least 25 minutes and then failed to respond to pounding on the door.

The court follows the 6-factor test adopted by State v.

State v. Aaron E. Applewhite, 2008 WI App 138, PFR filed 9/19/08
For Applewhite: Pamela Moorshead

Issue/Holding: Reasonable suspicion supported the frisk, given: the type of crime being investigated (residential burglary); the suspect’s admitted possession of, but initial reluctance to produce, two knives; and, his repeated reaching into his pants pockets, ¶¶3-11.

State v. Clemente Lamont Alexander, 2008 WI App 9
For Alexander: Michael C. Demo

Issue: Whether the police had reasonable suspicion to search the glove compartment of a car, stopped for a minor traffic violation (right turn on red without stopping), based on multiple factors: delay in pulling over, furtive movements, high-crime area, and post-stop observation of items on the driver seat normally found in the glove compartment.

State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08
For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student

Issue/Holding1:

¶17      The investigative stop stemmed from an anonymous citizen’s tip of drug use and loitering on the porch of the residence. … Where an anonymous tipster is involved, police are required to conduct an independent investigation to corroborate the information provided.

State v. Sean R. Fox, 2008 WI App 136
For Fox: Daniel M. Berkos

Issue/Holding: Permissive guest who had not stayed overnight lacked expectation of privacy in a mobile home:

¶21      The facts of this case contrast with those of Trecroci and more closely resemble those of Carter. Fox’s relationship to his hosts, Terry and McCoy,

State v. Kevin M. Champlain, 2008 WI App 5, (AG’s) PFR filed 1/4/08
For Champlain: Martha K. Askins, SPD, Madison Appellate

Issue/Holding:

¶37      Owner nonconsent, like other elements of criminal offenses, may be proved by circumstantial evidence. See Bohachef v. State, 50 Wis.  2d 694, 700-01, 185 N.W.2d 339 (1971). The test on review is whether the evidence presented was sufficient to prove guilt beyond a reasonable doubt,