On Point blog, page 5 of 6
Counting out-of-state “zero tolerance” OWI violations as prior offenses doesn’t violate Equal Protection Clause
State v. Daniel M. Hirsch, 2014 WI App 39; case activity
The equal protection clause isn’t violated by § 343.307(1)(d)‘s differing treatment of Wisconsin and out-of-state” zero tolerance” OWI offenses (which penalize drivers under the legal drinking age who drive with any alcohol concentration).
Hirsch had two prior driver’s license suspensions for violation Illinois’s zero tolerance law. Under § 343.307(1)(d),
Conviction under § 947.01 for “violent, abusive and otherwise disorderly conduct” qualified as a “misdemeanor crime of domestic violence”
Robert W. Evans, Jr., v. Wisconsin Dep’t of Justice, 2014 WI App 31, overruled by Doubek v. Kaul, 2022 WI 31; case activity
A conviction for disorderly conduct under § 947.01 may qualify as a “misdemeanor crime of domestic violence” under 18 U.S.C. § 921(a)(33)(A), thus depriving the defendant of the right to possess a firearm.
Evans’s application for a permit to carry a concealed weapon was denied after DOJ concluded his 2002 disorderly conduct conviction qualified as a “misdemeanor crime of domestic violence.”
Good-bye to Gerondale: Enhanced misdemeanor sentences are governed by the basic 75% and 25% rules
State v. Lee Thomas Lasanske, 2014 WI App 26; case activity
In a decision that may finally settle the issue of how to bifurcate enhanced misdemeanor sentences, the court of appeals holds that § 973.01(2)(c)1.’s prohibition against using an enhancer to increase a period of extended supervision does not apply to enhanced misdemeanor sentences. Instead, enhanced misdemeanor sentences are subject to the basic rules that the confinement portion of a bifurcated sentence may not exceed 75% of the total sentence,
Good-faith exception to exclusionary rule precludes suppression of results of warrantless blood draw that was unlawful under Missouri v. McNeely
State v. William A. Reese, 2014 WI App 27; case activity
The results of a driver’s blood test should not be suppressed even if they were obtained without a warrant and in the absence of exigent circumstances in violation of Missouri v. McNeely, 133 S. Ct. 1552 (2013), because the arresting officer acted in good faith reliance on established Wisconsin Supreme Court precedent at the time the blood draw was conducted.
Presenting testimony of supervisor of analyst who tested blood sample instead of analyst herself didn’t violate Confrontation Clause
State v. Michael R. Griep, 2014 WI App 25, petition for review granted, 8/5/14, affirmed, 2015 WI 40; case activity
Griep’s right to confront the witnesses against him was not violated by allowing the supervisor of an unavailable lab analyst to testify to his opinion about the defendant’s BAC based entirely on the report prepared by the unavailable analyst.
Committed sex offender entitled to discharge hearing based on re-evaluation with updated actuarial
State v. Herbert O. Richard, 2014 WI App 28; case activity
Richard is entitled to an evidentiary hearing on his petition for discharge because the independent psychologist’s opinion that amendments to the Static-99 show Richard’s risk to reoffend is below the legal threshold constitutes a fact on which a court or jury may conclude that Richard does not meet the criteria for commitment as a sexually violent person,
Statements to police during ambulance ride, and later while cuffed to bed in ICU, deemed voluntary
State v. Stanley K. Bullock, 2014 WI App 29, case activity
How “voluntary” does this sound to you?
The defendant was convicted of 1st-degree reckless homicide for the stabbing death of his girlfriend. He said that masked attackers broke into their apartment and stabbed him and his girlfriend. He called 911. The responding paramedics found the defendant conscious with stab wounds and his girlfriend dead. During his ambulance ride to the hospital (and while experiencing pain and disorientation),
Sec. 973.015 expunction denied based on new, court-imposed deadline and filing requirements
State v. Kearney Hemp, 2014 WI App 34, petition for review granted 6/12/14, reversed 2014 WI 129; case activity
Every so often there’s an opinion that makes you shake your head in disbelief. This is one of them.
Hemp was convicted with 1 count of possession with intent to deliver THC, aka hemp. A court granted conditional jail time,
Ignition interlock must be ordered in first offense OWI when defendant has prior offense outside the 10 year counting period
Village of Grafton v. Eric L. Seatz, 2014 WI App 23; case activity
“The issue presented is straightforward: Must a court order the installation of an ignition interlock device when a defendant is convicted of first-offense operating while intoxicated (OWI) and also has a prior conviction for an OWI offense? The answer is yes.” (¶1).
Seatz was arrested for OWI. His blood alcohol content was .13.
Good-faith exception to exclusionary rule saves search warrant based on unlawful search using drug dog
State v. Gary Monroe Scull, 2014 WI App 17, petition for review granted, 5/22/14, affirmed, 2015 WI 22; case activity
Police violated Scull’s Fourth Amendment rights under Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409, 1417-18 (2013), when they brought a drug-sniffing dog to the front door of his residence without a warrant or probable cause.