On Point: C. Unpublished Opinions

State v. Andrew K. Wenz, 2013AP2576-CR, District 1, 5/13/14 (1-judge; ineligible for publication); case activity

Police had reasonable suspicion to stop his car because the content of a tip from a known, reliable informant allowed police to ascertain whether they were stopping the correct vehicle.

State v. Gumersinda M. Gonzalez, 2013AP2585-CR, District 4, 5/8/14 (1-judge; ineligible for publication); case activity

The officer lacked reasonable suspicion to extend the duration of a traffic stop by asking a driver to perform field sobriety tests, so evidence of THC possession obtained during the stop must be suppressed.

State v. Donald W. Maier, 2013AP1391-CR, District 4, 5/8/14 (not recommended for publication); case activity

The First Amendment did not preclude prosecuting Maier for stalking based on letters he sent because the letters constituted a “true threat” and thus were not protected speech.

State v. Shawn N. Hill, 2013AP2549-CR, District 2, 5/7/14 (1-judge; ineligible for publication); case activity

A vehicle registered by the State as a “utility terrain vehicle” under § 23.33(1)(ng) is not a “motor vehicle” under § 340.01(35). Thus, a defendant alleged to have operated the vehicle while intoxicated should have been charged under § 23.33(4c), not § 346.63.

Village of Grafton v. Carl J. Schlegel, 2013AP2521, District 2, 5/7/14 (1-judge; ineligible for publication); case activity

Police had probable cause to ask Schlegel to submit to a preliminary breath test under § 343.303 even though he wasn’t asked to perform field sobriety tests first, and the result of the PBT, along with the rest of the facts, gave police probable cause to arrest Schlegel for OWI.

State v. Charles R. Kucharski, 2013AP557-CR, District 1, 5/6/14, petition for review granted 9/24/14, reversed, 2015 WI 64; case activity

This is a nice defense win, and the majority opinion makes sense.  Kucharski shot and killed his parents and pled not guilty by reason of mental disease or defect. The only issue at his court trial was whether he lacked the capacity to appreciate the wrongfulness of his conduct and comply with the law. The uncontested expert opinions answered “yes.” So the majority granted a new trial.  The dissent took issue with the majority’s application of § 752.35, the discretionary reversal standard.

State v. Brandon D Andre Burnside, 2013AP1293-CR, District 1, 4/29/14 (not recommended for publication); case activity

Under the totality of the circumstances, a reasonable person in Burnside’s position would not have believed that he could stop police questioning and leave. Therefore, the statements he made to the police before they administered Miranda warnings must be suppressed.

Fond du Lac County v. Douglas L. Bethke, 2013AP2297, District 2, 4/30/14 (1-judge; ineligible for publication); case activity

The circuit court did not erroneously exercise its discretion when it excluded evidence of particular crime lab errors that happened years before Bethke’s blood sample was analyzed.

State v. Dean M. Blatterman, 2013AP2107-CR, District 4, 4/24/14 (one-judge; ineligible for publication), petition for review granted 9/24/14, reversed, 2015 WI 46; case activity

You don’t see this very often.  The court of appeals just reversed a circuit court decision denying a motion to suppress evidence of intoxication.  The police performed field sobriety and blood tests after moving the suspect out of the general vicinity of the stop.  This converted the stop into an arrest for which there was no probable cause.

City of Oshkosh v. Jonathan D. Berger, 2013AP2804, District 2, 4/23/14 (one-judge, ineligible for publication); case activity

Applying the settled test for deciding whether the police had probable cause to arrest for OWI, the court of appeals examined the facts and circumstances of this case and found probable cause.