On Point: C. Unpublished Opinions

State v. Randy L. Martin, 2010AP505-CR, District 1, 5/3/11

court of appeals decision (3-judge, not recommended for publication), reversed, 2012 WI 96; for Martin: Byron C. Lichstein; case activity

Although Martin was in custody and had not received Miranda warnings, his statement wasn’t the result of “interrogation” and therefore wasn’t suppressible. When it appeared that Martin’s uncle was going to be arrested for possessing a gun found in their car,

State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11

court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity

The officer’s erroneous reading of Reierson’s license plate, causing the officer to wrongly believe that his registration had expired, nonetheless supported stop of the car under the good-faith rule.

¶11      We conclude the circuit court properly denied the motion to suppress because the officer had probable cause to stop Reierson for operating with an expired registration,

State v. Allen L. Resch, 2010AP2321-CR, District 2, 4/27/11

court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity

Reasonable suspicion supported investigatory stop for possible burglary, where vehicle was parked in private business parking lot at 2:26 a.m., with engine running and lights off.

¶13      Specifically, as the trial court indicated, the time of day is an important factor in determining whether a law enforcement officer had a reasonable suspicion. 

State v. George McGee, 2010AP3040-CR, District 3, 4/26/11

court of appeals decision (1-judge, not for publication); for McGee: Steven G. Richards; case activity

McGee’s collateral attack on a prior OWI conviction used to enhance his present sentence is necessarily limited to denial of the constitutional right to counsel, ¶5. Although McGee represented himself in the challenged prior, he failed to show that his waiver of counsel was invalid.

Brown County v. Quinn M., 2010AP3162, District 3, 4/26/11

court of appeals decision (1-judge, not for publication); for Quinn M.: Chandra N. Harvey, SPD, Madison Appellate; case activity

Evidence held sufficient to support extension of ch. 51 commitment upheld. 1. Mental illness. Expert testified that she was certain Quinn had a mental illness, though given his history of drug and alcohol use she could not provide a specific diagnosis with certainty.

State v. Christian R. Colon, 2010AP839-CR, District 1, 4/19/11

court of appeals decision (not recommended for publication); for Colon: Amelia L. Bizzaro; case activity

Colon’s refusal to testify against codefendant Rivera constituted a substantial and material breach of his plea bargain, such that the State was freed from restrictions on its allocution, ¶¶9-16.

The sheriff placed Colon in a cell with Rivera the night before Colon was to testify, 

State v. Dennis J. Thornton, 2009AP3074-CR, District 2, 4/13/11

court of appeals decision (not recommended for publication); for Thornton: Angela C. Kachelski; case activity

Scienter is not an element of § 940.225(3). State v. Lederer, 99 Wis. 2d 430, 433, 299 N.W.2d 457 (Ct. App. 1980) (statute requires proof of victim’s nonconsent – in contradistinction, presumably, of defendant’s knowledge of lack of consent –

State v. Joe R. Hechimovich, 2010AP2897-CR, District 4, 4/7/11

court of appeals decision (1-judge, not for publication); for Hechimovich: Corey C. Chirafisi; case activity

Compliance with implied consent law found. Although Hechimovich initially requested a breath test, after his blood was drawn at the hospital, the deputy “gave ample opportunity” during a 10-minute period for Hechimovich to renew the request for breath test. The deputy “conclud(ed) that when Hechimovich did not bring it up following his blood test,

State v. Michael L. Gengler, 2010AP1999, District 2, 4/6/11

court of appeals (1-judge, not for publication); pro se; case activity

¶6        The trial court determined that the complaint and the amended complaint were proper, stating,

The complaint was duly sworn on oath.  The complaint was signed and filed by an assistant district attorney as prescribed by WIS. STAT. § 968.02(1).  The complaint alleges multiple violations of WIS.

State v. Rafael Labedzki, 2010AP2501-CR, District 2, 4/6/11

court of appeals decision (1-judge, not for publication); for Labedzki: Walter Arthur, Piel, Jr.; case activity

Reasonable suspicion for sobriety testing upheld, where officer had basis for concluding Labedzki was driving while intoxicated after an unchallenged stop for speeding. In brief: “Given that the trooper observed an alcoholic smell coming from Labedzki’s vehicle, a passenger who appeared drunk, bloodshot and glassy eyes on Labedzki,