On Point blog, page 263 of 263
Appellate Review – Implicit Findings; Statement – Voluntariness
State v. Armando J. Castanada, No. 2009AP1438-CR, District I, 6/15/10
court of appeals decision (3-judge, not recommended for publication); for Castanada: Jeremy C. Perri; BiC; Resp.; Reply
Appellate Review – Implicit Findings
¶30 The postconviction circuit court did not make any express findings as to the credibility of any of the witnesses’ testimony. However, as the State observes, when the circuit court does not make express findings,
Probable Cause – OWI
Bradley K. Darwin, No. 2009AP2608-FT, District IV, 6/10/10
court of appeals decision (1-judge; not for publication); for Darwin: Bill Ginsberg; BiC; Resp.; Reply
¶5 Darwin argues that the officer lacked probable cause to arrest him for OWI. The municipal court made the following findings of fact with respect to probable cause: Darwin signaled a turn, but failed to complete it; he denied drinking;
Expungement – Ordinance Violation
State v. Melody P.M., No. 2009AP2994, District IV, 6/10/10
court of appeals decision (1-judge; not for publication)
Civil conviction for an ordinance violation may be expunged under § 973.015.
Can’t provide any of the background beyond what’s recited in the opinion, because all traces have been removed from both circuit court and appellate dockets. Makes sense: if you’re going to order expungement then the order ought to have practical meaning.
Jurisdiction
Village of West Salem v. Low, 2009AP2654, Dist IV, 3/25/2010
court of appeal decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br.
Challenge to OWI-1st in municipal court fails for want of jurisdiction, where judgment had been entered in circuit court because at the time no local municipal court existed.
An obscure problem, to be sure, but possibly of enough interest to be disseminated.