On Point: C. Unpublished Opinions

State v. Joseph S. Cali, 2014AP493-CR, District 2, 12/23/14 (1-judge decision; ineligible for publication); case activity

Applying the recent decision in County of Grant v. Vogt, 2014 WI 76, 356 Wis. 2d 343, 850 N.W.2d 253, the court of appeals holds that Cali wasn’t seized when a police officer, thinking Cali might be lost, pulled his squad car near Cali without activating his lights, got out and approached Cali, and from “normal talking distance” asked Cali “what was going on, if I could help him with anything.” (¶¶2-3).

State v. Peter J. Long, 2014AP707-CR, District 2, 12/23/14 (1-judge decision; ineligible for publication); case activity

The police acted reasonably in stopping Long under an “attempt to locate” (ATL) that was based on information from identifiable persons as well as on Long’s own statements, and the officers’ manner in stopping him did not convert the stop into an arrest.

State v. Cody J. Nolan, 2014AP1359-CR, District 3/4, 12/23/14 (1-judge decision; ineligible for publication); case activity

The police did not have reasonable suspicion to believe the red car Nolan was driving had been involved in a reportable accident and was leaving the scene or was assisting others in leaving the scene of a reportable accident in violation of § 346.70(1) or (1m)(b), as there was no evidence supporting a reasonable belief the alleged accident involved sufficient property damage to make it reportable under the statute.

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.