On Point: B. Published opinions

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,

State v. George W. Lis, Sr., 2008 WI App 82
For Lis: Jefren E. Olsen, SPD, Madison Appellate

Issue/Holding:

¶7        As relevant here, a person violates Wis. Stat. § 943.201(2) when he or she

intentionally uses, attempts to use, or possesses with intent to use any personal identifying information … of an individual … (a) To obtain credit, money, goods, services, employment, or any other thing of value or benefit.

State v. George W. Lis, Sr., 2008 WI App 82
For Lis: Jefren E. Olsen, SPD, Madison Appellate

Issue/Holding:

¶1        … The key question in this appeal is whether Lis’s crimes continued after the fraudulent accounts he opened were closed. We conclude they did not. ……

¶8        In this case, Lis’s offense continued into 2003 and 2004 only if he received a “thing of value or benefit” after the accounts were closed in 2000.  

State v. Kenneth W. Lippold, 2008 WI App 130, PFR filed 8/18/08
For Lippold: Thomas J. Nitschke

Issue/Holding: On a charge of receiving stolen property, venue may rest in the county where the underlying theft occurred (and, provable by circumstantial rather than direct evidence):

¶16   Extrapolating from the holding in Swinson, we conclude that because the crime of receiving stolen property requires more than two acts,

State v. Travis S. Dewitt, 2008 WI App 134, PFR filed 8/19/08
For Dewitt: William E. Schmaal, SPD, Madison Appellate

Issue: Whether someone simultaneously held under personal recognizance and cash bonds can be guilty of bail jumping for acts committed in the jail.

Holding:

 ¶12      … Wis. Stat. § 946.49 provides that someone who “having been released from custody under [Wis.