On Point: C. Unpublished Opinions

City of Chippewa Falls v. Douglas M. Buchli, 2014AP1422, District 3, 12/23/14 (1-judge decision; ineligible for publication); case activity

There was probable cause to arrest Buchli for OWI despite the fact the police investigation discovered inconsistent information—including an admission by Buchli’s companion, Mahoney, that she was driving.

City of Brookfield v. Cassandra L. Gissal, 2014AP1751-FT, District 2, 12/23/14 (1-judge decision; ineligible for publication); case activity

At trial Gissal challenged the admissibility of her statements to police because she wasn’t given Miranda warnings, but the trial court ruled she wasn’t in custody for Miranda purposes. On appeal she abandons this claim and argues instead that allowing the officer to testify to her statements violated her Fifth Amendment privilege and that she wouldn’t have testified at trial if the officer had been barred from relating her statements.

State v. Aaron J. Fuchs, 2014AP1041-CR, District 4, 12/18/14 (1-judge decision; ineligible for publication); case activity

In assessing reasonable suspicion to detain Fuchs, police properly considered an allegation that Fuchs had been acting in “a violent and intoxicated” manner at a wedding reception before his contact with police; and based on all the circumstances, police had sufficient basis to administer a PBT.

State v. Geoffrey A. Herling, 2014AP565-CR, District 4, 12/18/14 (not recommended for publication); case activity

The circuit court did not err by requiring Herling to prove by clear and convincing evidence that he had amnesia that prevented him from mounting an adequate defense.

State v. Terrell D. Cobbs, 2014AP501-CR, District 2, 12/17/14 (1-judge decision; ineligible for publication); case activity

Police had reasonable suspicion to stop Cobbs and two companions and to conduct the pat-down search of Cobbs during which police discovered, opened, and searched Cobbs’ cigarette box, which contained marijuana.

State v. Ester M. and Alexander M., 2014AP1621, District 1, 12/16/14 (1-judge decision; ineligible for publication); case activity

The circuit court’s order finding Soreh M. to be a juvenile in need of protection or services  evidence is supported by sufficient and doesn’t impinge on the right to religious freedom of her parents, Ester M. and Alexander M. In addition, the circuit court had the statutory authority to order conditions for the parents to complete before the court would consider placing Soreh M. in their home again.

State v. Douglas E. Hanson, 2014AP623-CR, District 4, 12/11/14 (1-judge decision; ineligible for publication); case activity

Hanson failed to present sufficient credible evidence that he did not understand the consequences of pleading guilty to second offense OWI.

State v. Steven L. Kaulfuerst, 2014AP1428-CR, District 2, 12/10/14 (1-judge decision; ineligible for publication); case activity

The pat-down search of Kaulfuerst was lawful because police had probable cause to arrest him for disorderly conduct, even though police had not arrested him for that offense.

State v. David C. Marker, 2014AP1122-CR, District 2, 12/10/14 (1-judge decision; ineligible for publication); case activity

The stop of the vehicle Marker was driving was justified under the community caretaker exception because, based on a call from Marker’s ex-wife, police had reason to believe Marker was driving while intoxicated with his children in the vehicle.

State v. Andrew R. Geurts, 2014AP1520-CR, District 4, 12/4/14 (one-judge decision; ineligible for publication); case activity

The circuit court had no authority to expunge the record of Geurts’s criminal case after it was dismissed after his successful completion of a deferred prosecution agreement because § 973.015 applies only to the record of an offense for which the person has been found guilty.